Understanding the Types of Contributions
401(k) plans, like the Mountain Plains Youth Services/youthworks 401(k) Profit Sharing Plan, often consist of multiple types of contributions:
- Employee contributions: These are funds the participant personally contributed. These are always 100% vested.
- Employer contributions: These may be subject to a vesting schedule, meaning they aren’t fully earned until the participant has worked for the company a certain number of years.
When drafting a QDRO, it’s important to clarify whether the alternate payee (the spouse receiving a share) is entitled to only vested employer contributions or a proportional share of all employer contributions made during the marriage. We generally recommend using coverture formulas that properly account for the marriage period and limit the award to vested amounts.

