Employee and Employer Contributions
Most 401(k) plans include both employee and employer contributions. In the Dkpm Investments Corporation Dba Jimmy John’s 401(k) Plan, the QDRO may cover both types—but employer contributions may be subject to a vesting schedule. If the employee spouse (participant) isn’t fully vested, part of the account may not be available to divide.
In those cases, you need to decide whether to divide:
- Only the vested portion at the date of divorce, or
- The full account with a provision that some amounts might be forfeited later if not vested
We help you choose the cleanest and fairest option for your case, based on your divorce judgment and negotiations.

