Employee vs. Employer Contributions
The Bacon Wilson, P.c. 401(k) Plan and Trust may include both employee deferrals and employer contributions. Typically, the employee portion is fully vested (since it’s your own money), while employer contributions may be subject to a vesting schedule. The QDRO must address:
- The starting valuation date (usually separation or divorce date)
- Percentage or dollar amount awarded to the alternate payee (the former spouse)
- Whether the award includes or excludes employer contributions
If the account includes unvested employer contributions, note that only the vested portion can be awarded at the time of division. At PeacockQDROs, we help clients ensure the language in the QDRO reflects these distinctions clearly to avoid delays or rejections.

