1. Employer vs. Employee Contributions
In the Hight Enterprises, Ltd. 401(k) Savings Plan, contributions can include both employee deferrals and employer matching funds. These are treated differently in divorce:
- Contributions made by the employee during the marriage are typically marital property and subject to division.
- Employer matching contributions may be subject to vesting rules. If they are not fully vested at the time of divorce, the non-employee spouse may not receive those funds.
Your QDRO must clearly state whether you’re dividing just the vested balance or the entire account, and how to treat future vesting post-divorce if applicable.

