Employee vs. Employer Contributions
One of the most misunderstood aspects in these cases is which parts of the plan are actually divisible. The Mount Evans Hospice Inc. 401(k) Profit Sharing Plan & Trust includes both employee contributions (from the worker’s paycheck) and employer contributions (added by the company).
While employee contributions are typically 100% vested immediately, employer contributions might be subject to a vesting schedule. In your QDRO, it’s critical to outline whether the division includes:
- Only vested balances
- All account types, regardless of vesting
Unvested employer contributions usually stay with the participant unless the QDRO is written to include language about post-divorce vesting. We can help you get this clear so no one is surprised later.

