Employee vs. Employer Contributions
401(k) plans like the Ims 401(k) and Profit Sharing Plan often include both employee (participant) and employer contributions. Not all employer contributions may be fully vested at the time of divorce. For example, if vesting is based on years of service, the alternate payee (usually the non-employee spouse) may only be entitled to a share of the vested balance as of the division date. A well-drafted QDRO can specify how to address both vested and unvested funds.

