Employee and Employer Contributions
In the Phoenix Welding 401(k) Profit Sharing Plan, like most 401(k) plans, both the employee (the account holder) and the employer contribute. As the alternate payee (the spouse receiving a share), you’re typically entitled only to the marital portion. This usually includes:
- All employee contributions made during the marriage
- Employer contributions that were vested as of the cut-off date (commonly the date of separation or divorce filing)
Unvested employer contributions may not be counted unless they become fully vested before the QDRO is processed. Make sure your attorney or QDRO preparer reviews the plan’s schedule to see what’s included.

