Employee and Employer Contributions
When dealing with a profit-sharing 401(k) like this one, it’s important to understand the source of funds. Most plans include both employee contributions (money the employee has chosen to defer from their paycheck) and employer contributions (money the company contributes). The QDRO can divide both—but there are a couple of caveats:
- Employee contributions are always fully vested and available to divide.
- Employer contributions may be subject to a vesting schedule. Only vested amounts can be assigned in a QDRO.

