Employee and Employer Contributions
When dividing the Clancy Transport Incorporated 401(k) Profit Sharing Plan & Trust, it’s important to understand that both employee and employer contributions may be present and treated differently under the plan’s rules.
- Employee contributions are always 100% vested and can be divided without restriction.
- Employer contributions often follow a vesting schedule based on years of service. Only the vested portion can be assigned in a QDRO.
It’s essential to request a breakdown from the plan administrator showing vested vs. unvested balances to avoid errors in drafting the QDRO.

