Employee and Employer Contributions
In a divorce, both the participant’s contributions and the employer’s matching contributions can be divided — but only if they have vested. In the case of the Little Flowers Montessori Inc. 401(k) Profit Sharing Plan & Trust, like most corporation-sponsored 401(k)s, employer contributions may be subject to a vesting schedule. Your QDRO should clearly specify that only the vested portion of employer contributions is being divided, or risk administrative rejection or post-divorce disputes.

