Dividing Employee and Employer Contributions
The participant’s contributions and any matched contributions from Quagen pharmaceuticals LLC 401(k) plan may be divided under a QDRO. However, many 401(k) plans have vesting schedules that delay ownership of employer contributions. For example, the participant may be fully vested only after several years of service.
If an employee is only 40% vested at the time of divorce, only that portion of the employer contributions is divisible. Understanding vesting is critical so the alternate payee (ex-spouse) doesn’t expect funds they aren’t entitled to.

