Employee and Employer Contributions
In the The Lodge at Woodloch 401(k) Plan, there are likely two different types of contributions that must be evaluated during a divorce:
- Employee Contributions: These are usually 100% vested. That means the participant (or alternate payee after divorce) owns these funds outright.
- Employer Contributions: These may be subject to a vesting schedule. If the participant is not fully vested by the time of divorce, some of these amounts may be forfeited and can’t be shared with the alternate payee.
Your QDRO should specify that only the vested portion of employer contributions is to be divided, or defer the calculation until the participant becomes fully vested. This way, you eliminate miscommunication with the plan administrator.

