Employee vs. Employer Contributions
The D & J Lumber Company, Inc.. 401(k) Profit Sharing Plan likely includes both types of contributions. Employee contributions are considered fully vested because they come out of the employee’s paycheck. But employer contributions—such as matching or profit-sharing deposits—can be subject to a vesting schedule.
In a divorce, the QDRO needs to clearly state which portions of the account are being divided. If employer contributions are not fully vested, the order must take that into account. Only the vested portion is included in the alternate payee’s share unless otherwise stated or negotiated.

