Employee vs. Employer Contributions
401(k) accounts are made up of different money sources. The employee contributes pre-tax or Roth money, and the employer may contribute matching or discretionary profit-sharing amounts. For the Aweber Systems Inc. 401(k) Profit Sharing Plan & Trust, employer contributions may be subject to a vesting schedule, meaning the participant doesn’t “own” all of them unless they’ve met certain service requirements.
Your QDRO should specify:
- Whether allocations include only vested funds at the date of division
- If unvested funds are excluded or if they become available later, who receives them
- Whether investment earnings should apply from the division date through the distribution date

