401(k) Contributions: Employee vs. Employer
Most 401(k) plans include both employee and employer contributions. In a divorce context, it’s important to determine which contributions are eligible for division and which are subject to vesting. The Abm Holdings, Co.. 401(k) Profit Sharing Plan is subject to General Business rules and most likely includes matching or discretionary employer contributions. These contributions must be reviewed for their vesting schedule.
- Employee contributions are fully vested and usually subject to division.
- Employer contributions may be partially vested depending on how long the employee has worked at the company.
The QDRO should specify how to divide only the vested portion and clarify how to treat any unvested amounts at the date of divorce or QDRO approval.

