Employee and Employer Contributions
In a 401(k) like the De/grg/coit 401(k) Retirement Plan, both the employee (participant) and the employer (Dykema excavators, Inc..) can contribute funds. When dividing the account, it’s common to award the alternate payee (typically the non-employee spouse) a share of the total vested account balance as of a specific date—often the date of separation, filing, or divorce—plus or minus investment gains and losses from that date to the date of transfer.
However, not all employer contributions are immediately vested. If there’s a vesting schedule, any unvested amounts at the time of divorce might be forfeited if the employee leaves the company. A well-drafted QDRO must state that only the vested portion is divided or include language allowing distributions to the alternate payee only after vesting occurs (if permitted by the plan).

