1. Employee and Employer Contributions
In 401(k) plans, both employee deferrals and employer matching or discretionary contributions may be divided. However, employer contributions are often subject to a vesting schedule, meaning portions may not yet belong to the participant at the time of divorce.
When dividing the Northwest River Supplies, Inc.. 401(k) Retirement Plan, it’s critical that the QDRO specifies only vested balances at the date of division unless the parties agree otherwise. Any unvested employer contributions will typically be forfeited if the participant leaves before meeting service requirements.

