1. Employee vs. Employer Contributions
401(k) plans like the Currance Inc. 401(k) Profit Sharing Plan & Trust often include both employee salary deferral contributions and employer matching or profit-sharing contributions. During divorce, these need to be specifically addressed:
- Employee Contributions: Typically 100% vested and immediately divisible.
- Employer Contributions: May be subject to a vesting schedule—these can only be divided if they are vested as of the separation or division date.
The QDRO should clearly state whether it divides only vested amounts, or whether it includes future vesting possibilities.

