Employee and Employer Contributions
401(k) plans commonly include both employee salary deferrals and employer matching or profit-sharing contributions. In the Educationworks Inc.. 401(k) Plan, these two types of contributions may be divided differently:
- Employee contributions: These are 100% vested and available for division.
- Employer contributions: These may be subject to a vesting schedule. If the employee-spouse is not fully vested, only the vested portion can be divided.
When preparing a QDRO, make sure to confirm the vesting status as of the date of division. Ask for a vesting report or benefit statement from the plan administrator to verify.

