1. Employee and Employer Contributions
In the Advocates for Bartows Children 401(k) Profit Sharing Plan & Trust, employees make voluntary pre-tax or Roth contributions, and the employer may contribute matching or discretionary profit-sharing amounts. It’s important to determine how much of the employer’s contributions are vested—and when. Only vested funds can be assigned via QDRO.
Unvested employer contributions remain with the plan participant and are not divisible until vested. If part of the balance isn’t vested yet, it can’t be assigned now but might be eligible for division later—if the QDRO includes the right language.

