1. Splitting Employee and Employer Contributions
A QDRO for the Vivant Behavioral Holdings 401(k) Plan can include both employee and employer contributions. But whether you’re entitled to both depends on when those contributions were made and the terms of your marital settlement agreement.
- Employee contributions are fully vested and easily divided based on marital coverture (the portion accrued during marriage).
- Employer contributions may be subject to a time-based vesting schedule.
It’s not unusual for employers to vest their contributions over 3–6 years. If a marriage ends before full vesting, the alternate payee might only receive a portion or none of the employer contributions.

