1. Employee and Employer Contributions
Most 401(k) plans—including the Loring, Wolcott & Coolidge Retirement Savings Plan —include a combination of:
- Employee Contributions (Pre-tax or Roth): These are always 100% vested and are typically divided based on either a dollar amount or percentage.
- Employer Contributions: These may be subject to a vesting schedule. If your QDRO doesn’t account for the vesting rules, you may over-award or under-award one party.
When splitting this plan, make sure the QDRO clearly distinguishes between vested and unvested employer contributions as of the division date.

