Employee vs. Employer Contributions
401(k) plans generally include the employee’s own deferrals and employer matching or discretionary contributions. A QDRO for the Heico Savings and Investment Plan should clearly state whether it divides:
- Only the employee’s contributions and earnings during the marriage
- Both employee and employer contributions (subject to vesting)
Marital property law typically governs how these are divided. In many cases, the non-employee spouse is awarded a portion of the total contributions accrued during the marriage.

