1. Employee vs. Employer Contribution Divisions
In many 401(k) plans, the employee contributes a portion of their paycheck, and the employer makes matching or discretionary contributions. The QDRO must clarify whether you are dividing:
- Only employee contributions and earnings
- Both employee and employer contributions
- Only funds vested as of the divorce date or order date
In the case of the Torn & Glasser, Inc.. Employees’ 401(k) Plan, contributions should be reviewed alongside the plan’s vesting policy. Some employer contributions may be subject to a vesting schedule and not yet fully owned by the participant.

