Employee vs. Employer Contributions
The most common question we see is: “Do I get half of everything?” The answer is: not always. This plan likely includes:
- Employee Contributions: These are yours once contributed, no vesting rules apply.
- Employer Contributions: These may be subject to a vesting schedule, meaning they’re only partially yours until you’ve met certain length-of-service requirements.
If your spouse hasn’t worked at Michael scott catering LLC 401(k) profit sharing plan & trust long enough to become fully vested, the QDRO may need to exclude the non-vested portion of the account. Alternatively, the parties may agree to divide only vested portions or design a division that changes if vesting increases later.

