Employee vs. Employer Contributions
In most 401(k) plans, including the Transcanada 401(k) and Savings Plan, both the employee and employer contribute to the account. However, employer contributions may be subject to a vesting schedule. A QDRO only allows division of the vested portion of the account.
During divorce negotiations, it’s important to clarify:
- Whether the alternate payee receives a share of total account balance or only the participant’s contributions
- If employer contributions are included, what portion is currently vested
- Whether future vesting can affect the alternate payee’s entitlement
The QDRO must be clear on these terms to avoid disputes when the order is implemented.

