Employee and Employer Contributions Must Be Treated Differently
A common mistake is treating all funds in a 401(k) the same. The Geoengineers, Inc.. 401(k) Profit Sharing Plan likely includes:
- Employee contributions: Fully vested and available to divide right away.
- Employer contributions: May be subject to vesting. Only vested amounts can be awarded in the QDRO.
Be sure your QDRO clearly identifies whether you’re dividing only the vested portion or also attempting to assign future vesting rights. Some courts will not permit dividing non-vested employer contributions, so ask your attorney or QDRO preparer.

