Employee and Employer Contributions
The Charles A. Klein & Sons, Inc.. 401(k) Profit Sharing Plan likely includes both employee salary deferrals and employer profit-sharing contributions. In most divorces, both types of contributions earned during the marriage are considered marital property and subject to division.
However, employer contributions may be subject to a vesting schedule. This means that not all contributions may belong to the employee spouse unless enough years of service have accrued. When preparing a QDRO, it’s crucial to separate vested from non-vested amounts to prevent disputes over funds that the employee may eventually forfeit.

