Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals (pre-tax or Roth) and employer contributions (matching or discretionary). In the case of the Gellner Enterprises LLC 401(k) Profit Sharing Plan & Trust, it’s important to identify:
- Which contributions are marital property (typically contributions made during the marriage)
- How to divide employee vs. employer contributions, especially if they are subject to different vesting rules
In QDROs, we often recommend dividing only vested portions of employer contributions unless otherwise agreed. Unvested amounts may be forfeited if the participant separates from the employer before meeting vesting requirements.

