Employee and Employer Contributions
Dividing the plan requires clarification on what portion of the account is marital. The QDRO can award the alternate payee a percentage of:
- The total account balance as of a specific date (e.g., the date of separation or divorce)
- Only the employee contributions made during the marriage
- Both employee and vested employer contributions
401(k) plans like the Cacy Electric 401(k) Profit Sharing Plan often have employer matches or discretionary contributions. However, unvested employer funds may not be subject to division unless stated otherwise in the QDRO. That’s why timing and vesting schedules matter.

