Employee vs. Employer Contributions
When splitting a 401(k) plan like The Retirement Plan for Employees of Androscoggin Savings Bank, it’s important to distinguish between:
- Employee contributions: These come directly from the plan participant’s salary, and are 100% vested immediately.
- Employer contributions (match or discretionary): These may be subject to a vesting schedule. Only the vested portion can typically be divided by QDRO.
Your QDRO should clearly state whether the alternate payee (usually the non-employee spouse) is entitled to a share of just the employee’s contributions, or also the vested employer match. If there are unvested employer contributions, the QDRO can exclude them or include a clause that awards the alternate payee a share of any additional amounts that vest through a certain date.

