Employee and Employer Contributions
In most 401(k) plans, employees contribute through payroll deferrals, and employers may add matching or profit-sharing contributions. It’s important to determine:
- What portion of the account was contributed during the marriage
- Which amounts are fully vested
- If unvested employer contributions should be excluded
Unvested funds usually remain with the employee spouse unless otherwise negotiated. Many plans like the North Star Aviation 401(k) Plan have a vesting schedule that affects how much the alternate payee can receive. Be sure the QDRO accounts for this.

