Division of Employee and Employer Contributions
In this 401(k) profit-sharing plan sponsored by Federal management partners, Inc.. 401(k) profit sharing plan, there are likely both employee deferrals and employer contributions. These must be addressed separately in the QDRO:
- Employee Contributions: These are always 100% vested and can be divided in the QDRO without restriction.
- Employer Contributions: These may be subject to a vesting schedule depending on years of service. Only the vested portion can be transferred. The unvested portion stays with the participant and should be noted in the order to avoid confusion later.

