1. Employee and Employer Contributions
The Choate & Company, Inc.. 401(k) Plan may include employer matching contributions, profit-sharing contributions, or automatic employer deposits. It’s also possible that only a portion of those employer contributions are vested at the time of divorce. That’s why the QDRO must specify whether the division includes:
- Only employee contributions (fully owned by the participant)
- Employer contributions (which may be partially or fully unvested)
This distinction can significantly affect the dollar amount the alternate payee receives in the division.

