Employee and Employer Contributions
401(k) plans like the one offered by the Gilligan company 401(k) profit sharing plan usually include both employee (participant) contributions and employer matching or profit sharing funds. Often, issues arise regarding unvested employer contributions. If your ex hasn’t yet met the vesting schedule, some of those funds may not be available to divide.
When preparing your QDRO, it’s critical to determine:
- What portion of the account is vested
- Whether you’ll receive a flat dollar amount, a percentage, or a formula
- How forfeitures (due to unvested funds) are handled after the divorce

