Employee vs. Employer Contributions
When dividing a 401(k), it’s important to distinguish employee contributions from employer contributions. The employee’s voluntary deferrals are 100% theirs. Employer matching or profit-sharing contributions may be subject to a vesting schedule. That means not all the funds belonging to the participant spouse may be available to split depending on how long they’ve been employed.
If the employee has not worked long enough with D & d roofing and sheet metal Inc. 401k plan to be fully vested, only the vested portion of the employer contributions will be available for division. A clear QDRO should identify which account balances are divided and whether the division applies to vested amounts only or includes future vesting.

