Employee and Employer Contributions
Most participants in a 401(k) plan make pre-tax contributions from their paycheck. Many plans, including those like the Novus Ag, LLC 401(k) Plan, also include employer matching contributions. When dividing a 401(k), it’s essential to specify whether the alternate payee receives a share of just the employee’s contributions, or also the employer’s.
In addition, employer contributions are often subject to a vesting schedule. This means that the employee only “owns” a certain percentage of those contributions based on their years of service. So if a participant is only 40% vested, the non-vested 60% is forfeited—not something an alternate payee can receive in the QDRO.
We always review vesting carefully with clients before drafting the QDRO so there are no surprises later.

