Employee and Employer Contributions
In a 401(k) like the Ksa Engineers, Inc.. Employee Savings and Protection Plan, both the employee and employer can contribute. Employee contributions are always 100% vested. However, employer contributions often come with a vesting schedule—meaning the employee must work for the company a certain number of years to earn full ownership of those funds. If a divorce takes place before full vesting, the alternate payee (typically the ex-spouse) may only be entitled to a portion of the employer contributions—or none at all.
When preparing a QDRO, it’s critical to:
- Clarify whether the amount to be divided includes just the employee contributions or both employee and vested employer contributions
- State whether the division should include gains and losses through the date of distribution

