Employee vs. Employer Contributions
401(k) plans like the Eos Products LLC 401(k) Profit Sharing Plan & Trust typically include:
- Employee deferrals (pre-tax or Roth)
- Employer matching contributions
- Employer profit-sharing contributions
Only amounts that are “vested” at the time of divorce are available to be divided. In QDROs, it’s essential to clarify whether the alternate payee gets a share of just the vested balance or if they’ll benefit from any future vesting (rare, but occasionally negotiated).

