Employee and Employer Contribution Divisions
Most 401(k) accounts include two major funding components: employee contributions and employer contributions. In some cases, only the employee contributions are fully vested at the time of divorce, while employer-funded contributions may still be subject to a vesting schedule. That means the alternate payee could be awarded a portion of retirement funds they will never actually receive unless the plan participant stays employed for a certain length of time.
For this plan, because Hinton transportation investments, Inc. is a general business corporation, it is likely that employer match contributions are offered. We recommend careful language in the QDRO to avoid accidentally awarding the alternate payee non-vested amounts. In some cases, we include “marital coverture” formulas to fairly divide both vested and future contributions earned during the marriage.

