Employee vs. Employer Contributions
Most 401(k) plans consist of two types of contributions: employee contributions that come out of the participant’s paycheck, and employer contributions such as matches or profit-sharing. Each contribution type could have separate rules for vesting and division.
- Employee Contributions: These are fully vested and usually easier to divide.
- Employer Contributions: These may be subject to a vesting schedule, and any unvested portions may be forfeited upon employment termination.
In your QDRO for the Parker-migliorini International LLC 401(k) Plan, it’s important to specify how to address vesting. You can include language that states only “vested” funds will be assigned or add protective clauses requiring the plan to notify the alternate payee before any forfeitures occur.

