Employee Contributions vs. Employer Contributions
In this type of plan, the account holder likely made salary deferrals (pre-tax or Roth), which are always considered marital property if earned during the marriage. Employer match or profit-sharing contributions, however, may be subject to a vesting schedule. That means a portion of the employer money might not be fully owned by the employee at the time of divorce.
When drafting a QDRO for the Adept Plastic Finishing, Inc.. 401(k) Profit Sharing Plan, be sure your attorney or QDRO professional accounts for:
- Whether the plan maintains a vesting schedule
- Which contributions are fully vested and therefore divisible
- How any unvested amounts are to be handled

