Dividing Employee and Employer Contributions
The Extrusions, Inc.. Anodizing, Inc.. & Affiliates 401(k) Profit Sharing Plan likely includes contributions made by the employee and matching or profit-sharing contributions from the employer. These need to be carefully divided according to the marital settlement agreement.
- Employee deferrals are typically 100% divisible since they belong to the participant.
- Employer contributions may be subject to vesting—meaning only a portion may be available depending on years of service.
The QDRO should specify whether the alternate payee will receive a share of just the vested portion or also include unvested amounts as they vest over time.

