Employee vs. Employer Contributions
The main balance in a 401(k) often includes two types of contributions:
- Employee contributions: These are typically fully vested and available for division.
- Employer contributions: These may be subject to a vesting schedule. Any portion not vested at the time of the divorce is generally not dividable.
It’s important when drafting a QDRO for the Bpm Lumber, LLC 401(k) Profit Sharing Plan and Trust to confirm what percentage of the employer contributions are vested. Unvested portions that are forfeited later won’t go to the alternate payee.

