Employee and Employer Contributions
401(k) plans include two kinds of contributions: amounts the employee defers from their paycheck and contributions the employer makes on the employee’s behalf. In most divorces, the alternate payee will be awarded a percentage or flat dollar amount of the total account balance as of a certain valuation date—often the date of divorce or the date of separation.
However, employer contributions may be subject to a vesting schedule. For example, if your spouse hasn’t worked for Pacific edge marketing group, Inc.. dba pacific edge wine & spirits long enough, they may not be fully entitled to the employer-contributed portion. It’s critical your QDRO addresses whether the alternate payee will share only in what’s vested or also in future vesting.

