Employee and Employer Contributions Must Be Treated Differently
When dividing a 401(k) plan, you need to account for both the money the employee (your spouse or you) contributed, as well as any employer match or profit-sharing contributions made by the employer. In the case of the Masterpiece Cuisine – Nevada 401(k) Plan, the employer contributions may be governed by a vesting schedule—which typically means additional amounts could be forfeited unless certain tenure requirements are met. In a QDRO, we clearly outline whether unvested employer funds should be included in the split, and we plan for when those funds do vest.

