Employee and Employer Contributions
In any 401(k) plan, contributions can come from both the employee and the employer. Employee contributions are always 100% vested—meaning the money belongs to the employee regardless of how long they’ve worked at the company. However, employer contributions are often subject to a vesting schedule. If your spouse is still working there or hasn’t worked long enough to fully vest, some of the employer contributions may be forfeitable, and those can’t be divided in a QDRO.
When dividing the Croxton Croxton and Croxton Ll 401(k) Profit Sharing Plan & Trust, it’s critical to determine:
- Which part of the balance is fully vested
- What portion represents employer contributions
- Whether any of it is subject to forfeiture in the near future

