Employee vs Employer Contributions
One of the key aspects of the Cgrs, Inc.. 401(k) Profit Sharing Plan is that it likely includes both employee salary deferrals and employer contributions. These two types of funds may be treated differently in divorce:
- Employee contributions are always 100% vested and can be divided freely in a QDRO.
- Employer contributions may be subject to a vesting schedule, meaning not all contributions made by the employer may be divided depending on how long the employee has worked for the company.
The QDRO must account for any unvested amounts. If your spouse isn’t fully vested in the employer match portion, that part of the account may be forfeited. We always advise getting a vesting schedule statement from the administrator when preparing a QDRO for this plan.

