Employee Contributions vs. Employer Contributions
401(k) plans typically include both employee contributions (those made from the employee’s paycheck) and employer contributions (such as matching or profit sharing). In most divorces, the employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule.
When drafting a QDRO for the Home at Heart Care, Inc.. 401(k) Plan, it’s critical to specify the marital share clearly—and whether or not it includes employer contributions. If some of the employer contributions are unvested at the time of divorce, the non-employee spouse (alternate payee) won’t have access to those unvested amounts. Make sure this is reflected in the allocation language to avoid confusion later.

