Dividing Employee vs. Employer Contributions
With the Dental Health Associates of Madison, Ltd.. 401(k) Profit Sharing Plan, employee contributions are often immediately vested and easier to divide. However, the employer portion (which comes from discretionary profit sharing contributions) may be subject to a vesting schedule.
If the participant isn’t fully vested, part of the employer contributions may not be available for division. Any unvested portion may eventually “forfeit” upon separation if the participant doesn’t remain employed long enough. Your QDRO should clearly state that only the vested balance as of a specific date is being divided—or clarify what happens if the vesting changes before the QDRO is approved.

