1. Types of Contributions
The Old River Companies, Inc.. 401(k) Plan likely includes both employee salary deferrals and employer contributions. One key issue to clarify is the character of each type of contribution:
- Employee Contributions: These are fully vested and subject to division.
- Employer Contributions: These may be subject to a vesting schedule. Only vested amounts can be divided in a QDRO.
- Unvested Balances: You or your attorney should request a current benefit statement that shows vesting percentages as of the date of divorce or division.

