Division of Employee and Employer Contributions
401(k) plans like the Servicetrade, Inc.. 401(k) Plan typically include both employee deferrals and employer contributions. During a divorce, these need to be separated clearly:
- Employee deferrals: These are always 100% vested and available for division.
- Employer contributions: These often follow a vesting schedule. The QDRO can only award vested portions unless you agree otherwise in the divorce settlement.
We always recommend determining the vesting status as of the cutoff date selected in the QDRO. This is typically the date of separation, filing, or divorce judgment—whichever you and your attorney agree on. The plan sponsor can provide a vesting report to help clarify vested vs. nonvested amounts.

