Employee vs. Employer Contributions
The total balance in the 21st Century Management Services, Inc.. 401(k) Profit Sharing Plan Trust may include both employee and employer contributions. Only the portions earned during the marriage are typically considered marital property and subject to division. Keep in mind:
- Employee salary deferrals are always fully vested and divisible.
- Employer contributions may be subject to a vesting schedule. Non-vested portions may not be divisible at divorce time.
The QDRO must clearly distinguish between these types of contributions and how they’re treated post-divorce.

