Employee vs. Employer Contributions
A major issue in dividing any 401(k) plan is addressing both employee and employer contributions. With the A Thyme Savor Inc. 401(k) Plan, contributions made by the participating employee are typically 100% vested. But employer contributions often come with a vesting schedule.
If a QDRO awards a portion of the total balance including employer contributions, it must clearly state whether:
- The alternate payee is only receiving the “vested” share
- Or if the order waits for future vesting to occur (not common but possible)
This distinction matters. Otherwise, the alternate payee might expect more than what is legally available to them.

