Employee and Employer Contributions
In a 401(k) plan, the employee generally makes contributions from their paychecks, while the employer may provide matching or discretionary contributions. When dividing the W. L. Butler Construction, Inc.. 401(k) Plan in a divorce, the QDRO should specify whether just the employee contributions—or both employee and employer contributions—should be divided.
Note: Employer contributions are often subject to a vesting schedule. That means the former spouse may not be entitled to a full 50% split unless those employer funds are fully vested by the date of division. Make sure to confirm the participant’s vesting status as of the agreed-upon division date.

