Employee vs. Employer Contributions
401(k) plans involve two types of contributions: what the employee puts in and what the employer matches. In a divorce, the QDRO can address both, but only if the employer’s portion is fully or partially vested.
- Any contributions made by the employee during the marriage are marital assets.
- Employer contributions may be included up to the participant’s vested percentage.
- Unvested amounts typically stay with the employee unless the plan allows otherwise.
The Capital Health Services, Inc.. Savings Plan & Trust may have a vesting schedule that affects how much of the employer match is available to divide. If you’re unsure about vesting, it’s typically included in the plan’s Summary Plan Description (SPD) or can be provided upon request.

