Division of Employee and Employer Contributions
In 401(k) plans like the Trustees-wine and Liquor Salesmen of Nj Retirement Fund, there are usually two types of contributions:
- Employee Contributions: These are the amounts deducted from the participant’s paycheck and are always 100% vested.
- Employer Contributions: These may be subject to a vesting schedule. The non-vested portion can be forfeited when the participant separates from service.
Your QDRO can specify whether the alternate payee receives a portion of both employee and vested employer contributions—or just the employee contributions. Make sure the order reflects only vested amounts at the time of division to avoid issues.

