Employee and Employer Contribution Division
The The Reliable Automatic Sprinkler Co. Inc. Retirement Income Plan is a 401(k), which means it typically consists of employee deferrals and possibly employer matching or discretionary contributions. A QDRO can divide the total balance, or just certain portions. It’s important to understand what’s considered marital property based on your state law and whether the employer portion is included.
For example:
- Employee contributions made during the marriage are generally divisible.
- Employer contributions may only be partially vested and may not be fully divisible.
- The QDRO needs clear language that explains which contributions are being allocated to the alternate payee.

