Employee and Employer Contributions
Dividing a 401(k) like this one isn’t as simple as splitting the account in half. There are typically two categories of funds:
- Employee Contributions: Made by the plan participant, usually fully vested right away.
- Employer Contributions: Often subject to a vesting schedule, meaning some of the account might still be forfeitable depending on the participant’s years of service.
In the case of the M.j. Harris Construction Services, LLC 401(k) Profit Sharing Plan, which includes a profit-sharing component, it’s critical to confirm how much is vested. A good QDRO should address how to handle amounts that may later vest or be forfeited.

