Employee Contributions vs. Employer Contributions
In 401(k) plans such as the Sturdy Savings Bank 401(k) Retirement Savings Plan, both employees (participants) and employers may make contributions. When drafting a QDRO, we must ensure that:
- Contributions made during the marriage are divided correctly.
- Any pre-marital or post-separation contributions are not included, unless agreed upon.
- Employer contributions are accounted for based on vesting status at the date of separation or another agreed-upon date.
This is especially important if the plan includes a matching contribution schedule that has not fully vested. Unvested funds generally cannot be awarded in a QDRO unless and until they vest.

