Employee and Employer Contributions
401(k) plans usually include both employee contributions and employer matching or profit-sharing contributions. In most divorces, the goal is to divide only the marital portion of the plan—the value accrued during the marriage.
Here’s the catch: employer contributions often come with a vesting schedule. That means some or all employer funds may not be fully owned by the employee spouse at the time of divorce. A well-drafted QDRO for the Mid-jefferson Extended Care Hospital 401(k) Plan and Trust must spell out what portion of vested funds the alternate payee is entitled to—and how to exclude non-vested amounts that could be forfeited.

