Division of Employee and Employer Contributions
When splitting a 401(k) in divorce, both employee and employer contributions may be divided—but there’s a catch. While all employee contributions are generally 100% vested, employer contributions are often subject to a vesting schedule. That means the ex-spouse may not be entitled to the full account value unless vesting is complete at the time the QDRO is processed.
For the Colliers Arkansas, Inc.. Dba Colliers International 401(k) Profit Sharing Plan, you’ll want to confirm with plan documents whether there’s a graduated or cliff vesting schedule in place. Your QDRO should clearly define whether the alternate payee receives:
- Only the vested portion as of the date of division
- Or a set dollar amount or loan-adjusted balance

