Dividing Employee and Employer Contributions
401(k) plans like the Innovative Technologies Corporation Savings Plan and Trust usually include two types of contributions:
- Employee contributions: These typically belong 100% to the participant and are easily divided by a QDRO based on a fixed dollar amount or a percentage as of a specific date of divorce or marital separation.
- Employer contributions: These may be subject to a vesting schedule. You can only divide the vested portion. Any non-vested funds may be forfeited depending on the plan rules.
When preparing a QDRO, we thoroughly evaluate both vested and unvested contributions. For clients dealing with the Innovative Technologies Corporation Savings Plan and Trust, we work to ensure accurate division and that any unvested amounts are handled properly in the order.

