Employee and Employer Contributions
401(k) plans are made up of both employee deferrals and, often, employer contributions. In the case of the Las Montanas Market Inc. 401(k) Profit Sharing Plan & Trust, employer contributions may include a profit-sharing component. These contributions may be subject to a vesting schedule, meaning they may not yet be fully “owned” by the employee.
When dividing the plan, it’s vital to:
- Clarify whether the employer contributions are vested
- Determine if vesting will accelerate under the plan’s terms upon divorce (unusual, but worth verifying)
- Specify only vested balances as of a specific valuation date in the QDRO

