Employee and Employer Contributions
Most 401(k) plans (including the Aerin Medical Retirement Trust) contain two kinds of contributions:
- Employee contributions – always 100% vested and straightforward to divide.
- Employer matching or profit-sharing contributions – may be subject to a vesting schedule based on years of service.
If your spouse isn’t fully vested in the employer portion, the QDRO must account for forfeitable amounts and clarify whether they should be included in the award. A properly drafted QDRO will divide only the vested portion if that’s what the parties agree—and if the plan does not permit division of unvested shares.

