1. Employee vs. Employer Contributions
401(k) plans often include two sets of money:
- Employee contributions: This is what the participant (employee) sets aside from their paycheck.
- Employer contributions: These are funds added by the company, potentially subject to vesting schedules.
When dividing the American Healthcare 401(k) Profit Sharing Plan, it’s vital to identify which funds are marital and to understand the vesting status of employer contributions. Unvested employer money may not be available for division, depending on plan rules. A well-drafted QDRO can address how these funds are handled if they later become vested.

