Employee and Employer Contributions
The Aspire Autism Inc. 401(k) Profit Sharing Plan & Trust likely includes both employee pre-tax and/or Roth 401(k) contributions and employer profit-sharing contributions. When dividing the plan, your QDRO should clearly state whether it applies to:
- Just employee contributions
- Employer contributions (vested only)
- Both
Most divorcing couples divide the total vested balance as of a key date (like the date of separation or divorce judgment). However, employer contributions may not be 100% vested, which leads us to our next topic.

