Employee and Employer Contributions
In most divorces, a spouse is awarded a portion of the participant’s total balance as of a specific date. For the Connell Foley, Llp Employees 401(k) Profit Sharing Plan, contributions may include both:
- Employee deferrals – money taken out of the paycheck and contributed to the plan, always 100% vested
- Employer profit-sharing contributions – which may be subject to a vesting schedule and partially forfeitable
This means if your ex-spouse isn’t fully vested in the employer’s contributions at the time of divorce, only a portion of those funds may be legally divisible—something your QDRO should account for. PeacockQDROs checks the plan’s vesting rules before filing so you don’t get surprised later.

