Employee and Employer Contributions
This is a key point. Contributions to the Diamond Concrete Cutting 401(k) Profit Sharing Plan often include employee deferrals (the funds the employee chose to contribute) and possibly matching or profit-sharing contributions from the employer. The employee’s contributions are always fully vested. But employer contributions may be subject to a vesting schedule. Here’s what that means for you:
- If the divorce happened before the participant was fully vested in the employer contributions, part of the plan value may not be available to divide.
- Your QDRO should clarify whether only vested balances are divided or if a later payout will include previously unvested funds that become vested post-divorce.

