Employee vs. Employer Contributions
Most 401(k) plans include a combination of pre-tax contributions made by the employee and matching (or other) contributions from the employer. In The Assumption Home 401(k) Plan & Trust, it’s likely that employer contributions are subject to a vesting schedule, which directly affects what the non-employee spouse is entitled to.
- Only vested employer contributions are divisible if the employee spouse is not 100% vested at the time of divorce.
- QDROs must clearly state whether they include vested employer contributions or only employee portions.

