Employee vs. Employer Contributions
Most 401(k) plans, including the Creative Planning Companies Employer Retirement Contribution Plan, are made up of two main parts:
- Employee Contributions: The money the employee puts in from their paycheck. These are always 100% vested and available for division.
- Employer Contributions: Matches or profit-sharing amounts added by the employer. These are subject to a vesting schedule, meaning the employee may not be entitled to the full amount yet.
For divorces, it’s critical to separate the vested portion of employer contributions from the non-vested. Only vested amounts are available to be shared under a QDRO. If you don’t address this properly, the alternate payee may end up with less than expected—or nothing at all from that portion.

