Employee vs. Employer Contributions
In most 401(k) plans, there are two types of contributions:
- Employee Contributions: Always 100% vested and subject to division in a QDRO.
- Employer Contributions: Usually subject to a vesting schedule. Only the vested portion is divisible in the QDRO.
For the Old Port Foodservice Group Iii 401(k) Profit Sharing Plan & Trust, you’ll need to obtain a breakdown of these two types of contributions before dividing the account. Make sure the QDRO references “vested account balances” rather than “total account balance” to avoid awarding unvested funds that the participant may not ultimately receive.

