1. Employee vs. Employer Contributions
401(k) plans like the West Bend Insurance Company Employee Savings Plan typically include both employee deferrals and employer matching or profit-sharing contributions. It’s critical to confirm the following:
- Whether employer contributions are included in the division
- Whether the employee was fully vested in employer contributions at the time of divorce
If the participant is not 100% vested in employer contributions, the alternate payee may be entitled to less than what the account balance suggests. Unvested amounts should be excluded from the QDRO to avoid overpromising split amounts.

