Employee vs. Employer Contributions
In most 401(k) plans, employees make their own contributions directly from payroll, while employers may contribute by matching a percentage or adding profit-sharing funds. A QDRO should clearly define whether the alternate payee (usually the ex-spouse) is receiving a portion of:
- Employee contributions only
- Employer contributions as well
- Both, possibly based on vesting
In the California Fuels and Lubricants 401(k) Profit Sharing Plan, employer contributions may be subject to a vesting schedule. This means that only the vested portion is subject to division. Unvested funds may be forfeited when the participant separates from service, and are generally not divisible in a QDRO.

