1. Employee vs. Employer Contributions
The Mowrey Elevator Company, Inc.. Employees’ 401(k) Savings Plan likely includes both employee deferrals and employer matching or discretionary contributions. When dividing the account in divorce, it’s not just about what your spouse contributed—employer contributions are part of the marital estate but may be subject to vesting restrictions.
- Employee contributions are 100% vested and fully divisible in a QDRO.
- Employer contributions may be subject to a vesting schedule, which means only the vested portion can be awarded in the QDRO.
It’s essential to confirm a participant’s vested balance as of the QDRO valuation date to avoid awarding amounts the ex-spouse doesn’t actually own.

