Employee vs. Employer Contributions
In most 401(k) plans, both the employee and the employer make contributions. In a divorce, those contributions are not always treated equally. The employee’s contributions are fully vested immediately and eligible for division. Employer contributions, however, may be subject to a vesting schedule.
When drafting the QDRO for the Quiltcraft 401(k) Plan, we account for:
- How much of the employer contribution is vested as of the cutoff date (typically separation or divorce date)
- Whether to divide only vested funds, or also award a share of future vesting

