Employee vs. Employer Contributions
The Arnprior Aerospace Portland, Inc.. 401(k) Plan likely includes both employee deferrals and employer match contributions. These two components may be subject to different rules in the divorce:
- Employee Contributions: These are typically 100% vested and easily divided.
- Employer Contributions: May be subject to a vesting schedule. Only vested balances at the date of divorce are usually divisible by QDRO.
We often see confusion about dividing non-vested employer contributions. A QDRO can’t assign funds that haven’t yet vested, so always confirm the vesting schedule when determining what the alternate payee should receive.

