1. Employee and Employer Contributions
The Sargents Group 401(k) Plan likely includes both employee deferrals and matching or discretionary employer contributions. These aren’t always treated the same in divorce.
- Employee Contributions: These are typically 100% vested and can be divided between the parties without restriction.
- Employer Contributions: These may be subject to a vesting schedule. If the employee is not fully vested at the time of divorce, the alternate payee (usually the ex-spouse) may not get the full share of these amounts.
A good QDRO will specify how to calculate unvested contributions and whether those amounts should remain with the employee or be divided later if they vest post-divorce. We include customized vesting language in all plans where applicable.

