Employee vs. Employer Contributions
401(k) plans like the Calamos Profit Sharing 401(k) Plan often include two types of contributions:
- Employee Contributions: Always 100% vested, these funds are part of what’s divisible in a QDRO.
- Employer Contributions: May be subject to a vesting schedule. Only the vested portion can be allocated to the alternate payee in a QDRO.
It’s critical to determine how much of the employer contributions are vested as of the division or separation date in your case. If you allocate unvested amounts by mistake, it could lead to complications or rejection by the plan administrator.

