1. Employee Contributions vs. Employer Contributions
401(k) accounts like the Progressive Spine and Orthopae 401(k) Profit Sharing Plan & Trust typically contain two components: employee deferrals and employer matching or profit-sharing contributions. While both may be divisible, it’s important to separate them in the QDRO for several reasons:
- Employer contributions may not be fully vested
- The vesting schedule may impact what the alternate payee (usually the non-employee spouse) receives
- Unvested portions may revert back to the plan if a participant terminates employment

