Dividing Employee and Employer Contributions
With 401(k) plans such as the Vivid Ink Graphics Inc.. 401(k) Plan & Trust, both employee and employer contributions may be part of the marital pot. However, employer contributions are often subject to vesting rules.
It’s important to clarify in the QDRO whether only vested employer contributions are divisible, or whether the non-employee spouse should also share investment gains on contributions that vest after the divorce date. You’ll want to explicitly state the division date (often the date of separation or judgment) and whether investment earnings will be applied through the date the account is divided.

