Employee and Employer Contributions
Your share of the Jojess Inc. 401(k) Profit Sharing Plan & Trust may include just the marital portion, which typically means contributions made between the date of marriage and the date of separation. This could involve both employee and employer contributions:
- Employee contributions: These are always 100% vested and easier to split.
- Employer contributions: These are subject to vesting, which must be carefully reviewed in the plan’s Summary Plan Description (SPD).
In many cases, only vested portions of employer contributions can be divided through a QDRO. If the participant has unvested funds, those typically revert back to the plan—not to the former spouse—if not vested at the time of divorce or QDRO implementation.

