Employee vs. Employer Contributions
In a divorce, both employee and employer contributions may be subject to division, but only if they are vested. The Servicemaster by Stratos Savings Plan, like many corporate-sponsored 401(k) plans, likely includes a vesting schedule for employer contributions.
- Employee contributions are 100% vested from the day they are made.
- Employer contributions may become fully vested after a certain number of years of service. Unvested portions can’t be awarded to the non-employee spouse.
- Your QDRO should specify whether division is based on the total account value or only on the vested portion.

