Employee vs. Employer Contributions
401(k) plans like the Fiduciary Counselling, Inc.. Defined Contribution Retirement Plan typically include two types of contributions: amounts the employee elects to defer from their paycheck, and contributions made by the employer. In divorce, the QDRO must address whether the alternate payee will receive a portion of just the employee’s contributions or also the employer’s.
Employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested, portions may not be eligible for division. A well-crafted QDRO should clarify which contributions are included and how vesting is handled.

