1. Employee vs. Employer Contributions
Employee contributions are typically 100% vested from the moment they’re deposited. Employer “matching” or “profit-sharing” contributions, however, may be subject to a vesting schedule. In dividing the Premier Plus Logistics LLC 401(k) Plan, it’s critical to determine which portions of the balance are vested. The QDRO can only award the alternate payee a share of the vested balance. Additionally, clear language is needed to instruct the plan on whether the division applies to all contributions or just employee contributions.

