Employee and Employer Contributions
The Carlsbad Auto Company, Inc.. Dba Pollard Friendly Ford 401(k) Plan likely includes both employee contributions (from the worker’s paycheck) and employer matching contributions. These two types of funds are treated differently in divorce:
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule. Only the vested portion is eligible to be divided through a QDRO.
The QDRO must clarify whether the alternate payee (non-employee spouse) is entitled only to the vested funds or future vesting as well. Typically, most orders cover only vested amounts as of the date of divorce or a similar valuation date.

