Employee vs. Employer Contributions
401(k) plans generally include two sources of contributions:
- Employee contributions: These are always 100% vested and are considered marital property if earned during the marriage.
- Employer contributions: These often have a vesting schedule, meaning only a portion may be earned at the time of divorce.
When preparing a QDRO for the Raci Intermediate Holdings, LLC 401(k) Plan, it’s critical to determine how much of the employer contributions are actually vested as of the date of divorce. Only that vested portion will be divisible.

