1. Employee vs. Employer Contributions
In many 401(k) plans, employees contribute through payroll deductions, while employers may match or add profit-sharing contributions. But not all contributions are treated the same when dividing the account. Some employer contributions may not yet be fully vested—meaning they are still subject to forfeiture upon termination of employment.
If dividing the Patton Logistics, Inc. 401(k) Plan, be sure the QDRO clearly states whether the alternate payee is to share only in vested balances or also in the non-vested (which may be forfeited later). We typically recommend allocating only the vested portion unless specified otherwise in the divorce judgment.

