Types of Contributions: Employee vs. Employer
The Cair Coalition Retirement and Employee Savings Plan is a 401(k), which means it likely includes both employee contributions (pre-tax and/or Roth), and potentially employer contributions. When dividing the account, you’ll need to identify:
- Employee contributions and investment gains
- Employer matching or profit-sharing contributions
- Whether employer contributions are vested
A proper QDRO will need to clarify whether the alternate payee (typically the ex-spouse) receives only vested employer contributions or a portion of the full balance as of the division date. This becomes especially important if the account owner is early in their employment and not fully vested.

