Employee vs. Employer Contributions
Many 401(k) plans include both employee deferrals and employer contributions. Some employer contributions may be subject to vesting—meaning they’re earned over time. In a QDRO for the Canon City & Royal Gorge Railr 401(k) Profit Sharing Plan & Trust, you need to define whether the alternate payee is entitled to:
- Only the vested portion of employer contributions
- All employer contributions accrued during marriage, even if unvested (not typical and usually not enforceable)
- Only employee deferrals made during the marriage
It’s generally safest to stick to a division of “vested account balances as of the date of divorce,” unless both parties agree otherwise.

