Employee and Employer Contributions
The employee’s contributions are always 100% vested. But employer contributions? Not necessarily. Plans like the Pure Barre LLC 401(k) Profit Sharing Plan & Trust may include a vesting schedule—often something like 20% per year over five years or based on hours worked. That means only the vested portion of employer contributions should be included in the QDRO. Unvested amounts are forfeited if employment ends before full vesting.
So, you can’t just divide the entire account balance. The QDRO must carve out the participant’s fully vested interest as of a specific date—usually the date of separation or a court-agreed cut-off date.

