1. Employee and Employer Contributions
Like most 401(k) plans, the Element Solutions Inc. Employee Savings and 401(k) Plan likely includes both:
- Employee contributions (elective deferrals): Directly controllable by the participant and always 100% vested
- Employer contributions (matches or profit-sharing): Often subject to a vesting schedule
When dividing the plan through a QDRO, it’s essential to determine whether to include employer contributions. Unvested amounts are typically not payable to the former spouse unless the participant later becomes vested in those contributions. Always include specific language in the QDRO to address vesting status and future accruals.

