Dividing Employee and Employer Contributions
In most 401(k) plans, funds come from both the employee’s deferrals and the employer’s matching or discretionary contributions. When dividing the Sauer Compressors Usa, Inc.. Retirement Plan in divorce, the QDRO should clearly state whether the alternate payee (the non-employee spouse) is entitled to only the employee’s contributions or both employee and employer-funded amounts.
Be careful: Just because money is in the account doesn’t mean it’s all divisible. Employer contributions may be subject to a vesting schedule.

