Employee vs. Employer Contributions
With most 401(k) plans, including the Test Double 401(k) Plan, both employee deferrals and employer contributions exist. Here’s what matters in divorce:
- Employee contributions are usually 100% vested and subject to division based on the marital timeline.
- Employer contributions often follow a vesting schedule. Only vested amounts may be divided unless otherwise agreed upon.
- Unvested employer contributions typically revert to the plan if the participant leaves employment before vesting is complete.
In a QDRO for the Test Double 401(k) Plan, it’s crucial to specify that only vested amounts are divisible—or else the alternate payee may end up expecting amounts that don’t legally exist.

