Employee vs. Employer Contributions
Most 401(k) plans include two sources of contributions: money the employee deferred from salary, and money the employer contributed either as a match or discretionary contribution. This matters in divorce because employer contributions often come with vesting schedules.
When dividing a 401(k) through a QDRO, we typically focus on:
- Employee contributions and their earnings (usually 100% vested)
- Employer contributions and whether they are vested or still subject to forfeiture
For the Las Vegas Premier Marketing Inc. 401(k) Plan, any division must clearly spell out whether the alternate payee gets a share of just the vested amounts or also a portion of unvested funds. If unvested amounts are included, the QDRO should address what happens if they later become forfeited.

