Employee vs. Employer Contributions
In many 401(k) plans, including the Cannata’s Supermarket, Inc.. 401(k) Plan, an account may include contributions from both the employee and the employer. It’s important to understand how these contributions are divided in divorces:
- Employee Contributions: These are generally 100% vested and fully divisible by QDRO.
- Employer Contributions: These may be subject to a vesting schedule. Only vested amounts are available for division. Unvested funds will revert to the employer if the participant leaves the company before completing the vesting timeline.
This distinction should be clearly addressed in the QDRO. If the order doesn’t make it clear whether only vested amounts are being divided or if future vesting is implicated, the plan administrator may reject the QDRO.

