Employee vs. Employer Contributions
Most 401(k) plans, including the Cresa Partners Boston Inc.. 401(k) Profit Sharing Plan, include two types of contributions:
- Employee Contributions: These are fully vested and belong to the employee 100%. They are often dividable in a QDRO without restriction.
- Employer Contributions: These may be subject to a vesting schedule. Any employer contributions that are not vested as of the date of valuation are often excluded from the marital share.
A proper QDRO should clearly define how unvested employer amounts are handled — for instance, whether the alternate payee shares only in vested amounts or is awarded a percent of future vesting based on length of marriage overlapping plan participation.

