Employee vs. Employer Contributions
401(k) assets typically consist of employee deferrals and employer profit-sharing or match contributions. In some cases, only the vested portion of employer contributions is divisible. If the vesting schedule indicates that the participant isn’t fully vested, unvested employer contributions will be forfeited and excluded from division.
When drafting a QDRO for the Dhillon Healthcare Group 401(k) Profit Sharing plan, it’s critical to:
- Clarify whether the division includes all contributions or only employee contributions
- Determine how the plan handles vesting for profits-sharing components

