Employee vs. Employer Contributions
In most divorces, the marital portion includes all contributions made during the marriage. That includes deferrals from the employee’s paycheck as well as employer contributions. However, employer contributions may be subject to a vesting schedule.
- Employee (participant) contributions: Always 100% vested
- Employer contributions: Vesting may depend on years of service
If the participant hasn’t been with Pointe precision, Inc.. 401(k) savings plan long enough, some of the employer contributions may be unvested or even forfeitable. The QDRO must explicitly exclude any non-vested or forfeited portions unless the parties agree otherwise and the plan allows it.

