Employee vs. Employer Contributions
In 401(k) plans like the A B Martin Roofing Supply, LLC 401(k) Plan, participant accounts typically include both employee salary deferrals and employer contributions. Dividing these contributions is crucial:
- Employee Contributions: These are always 100% vested and can be divided in a QDRO with no restrictions.
- Employer Contributions: These may be subject to a vesting schedule, meaning that a portion may not be transferable if it isn’t vested at the time of division.
Make sure your QDRO clearly separates out vested from unvested portions—or includes language that limits the alternate payee to vested funds only.

