Employee and Employer Contributions
In the Primrose School of Cumming North 401(k) Plan, plan participants likely make pre-tax or Roth contributions from their salary. Shepherd academy LLC may also make employer matching or discretionary contributions. A QDRO must clearly identify how both types of contributions will be divided—especially since employer match amounts may be subject to a vesting schedule.
For example, the spouse may be awarded 50% of the participant’s account balance accrued during the marriage, including gains and losses. But if part of that amount includes unvested employer contributions, those may never fully belong to the participant—and therefore are not divisible, unless they vest at a later date.

