1. Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (the money the participant gave from their paycheck) and employer contributions (matching or profit-sharing contributions). These amounts may be subject to different vesting schedules.
- Employee Contributions: Always 100% vested and included in division.
- Employer Contributions: Only the vested portion is divisible under a QDRO. The unvested portion typically returns to the plan sponsor if the employee leaves or divorces before full vesting.
If your spouse is a participant in the Ness & Campbell Crane, Inc.. 401(k) Plan, we’ll help you determine how much of the employer match (if any) you’re entitled to receive, based on the vesting schedule and date of marital separation.

