Division of Employee and Employer Contributions
In a divorce, it’s common to divide only the marital portion of the account—the amount accumulated during the marriage. For the Millennium Physician Group 401(k) Plan & Trust, that may include:
- Salary deferrals (employee contributions)
- Matching/employer contributions
- Investment gains or losses on both
If employer contributions are part of the division, understanding the vesting schedule is crucial. Many employers implement a graded or cliff vesting schedule, which determines when the participant “owns” the contributions. If some of the employer contributions aren’t vested yet, they may not be included in the QDRO—unless the plan offers conditional rights or forfeiture restoration post-divorce.

