Employee vs. Employer Contributions
With a 401(k) like the Prodigy Surgical Distribution 401(k) Profit Sharing Plan and Trust, employees contribute a portion of their paycheck, often pre-tax. Employers may contribute as well, either through matching or profit-sharing payments.
Diving deeper:
- Employee Contributions: These are always 100% vested and can be divided under a QDRO without any limitation.
- Employer Contributions: Vesting schedules often apply. If the participant hasn’t met the service requirements, some of these funds may be forfeited and not available for division.
Be clear—just because a judgment awards “half the 401(k)” doesn’t necessarily mean half is eligible for division if some employer contributions are unvested.

