Employee vs. Employer Contributions
Most 401(k) plans, including the Carestream Health, Inc.. Retirement Savings Plan, contain both employee contributions (what the employee puts in from their paycheck) and employer contributions (matching or profit sharing). In divorce, both sources are eligible for division—if they are vested.
The QDRO should clearly outline whether the alternate payee will receive a portion of:
- Employee contributions only
- Both employee and vested employer contributions
Unvested employer contributions can’t be divided until they vest, and even then, some plans don’t permit post-divorce allocation of previously unvested funds. Careful wording in the QDRO is essential.

