1. Employee and Employer Contributions
The E-technology LLC 401(k) Profit Sharing Plan & Trust includes both employee deferrals and employer profit-sharing contributions. When dividing the account, you’ll need to determine:
- What portion is attributable to employee contributions (100% vested)
- What portion includes employer contributions, which may be subject to a vesting schedule
Only the vested portion of employer contributions can be divided in a QDRO. If your spouse is not yet fully vested, you may be entitled to a reduced portion or could consider language in the QDRO that accounts for additional vesting post-judgment.

