Employee vs. Employer Contributions
In most 401(k) plans, the participant (employee) makes contributions with pre-tax dollars. Many employers also make matching or discretionary contributions. In the Automotive Systems Warehouse I 401(k) Profit Sharing Plan & Trust, both sources may be part of the account’s value.
Only vested employer contributions can be divided in a QDRO. If the participant hasn’t been with the company long enough to be fully vested, some employer contributions may not be subject to division. The QDRO should define whether the award includes just the employee’s portion or the vested employer amount as well.

