1. Employee vs. Employer Contributions
In most 401(k)s, including the Jacobs Farm-del Cabo, Inc.. 401-k Profit Sharing Plan, both the employee and employer may contribute. However, not all employer contributions are immediately ‘owned’ by the participant.
- Employee Deferrals: These are always 100% vested and can be divided in a QDRO without restriction.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion can be divided.
Be sure that your QDRO distinguishes between these types of funds and specifies how the alternate payee (usually the non-employee spouse) should receive their share.

