Employee and Employer Contributions
Like many business-sponsored 401(k) plans, the Red Stone Equity Partners, LLC 401(k) Plan likely includes both employee contributions (from payroll) and employer contributions (matching or profit-sharing). While employee portions are always 100% vested, employer contributions may be subject to vesting schedules. Only the vested portion can be divided in a QDRO.
Before allocating percentages, it’s important to determine:
- What portion of the account was earned during the marriage
- Whether any employer contributions are not yet vested
- How to treat non-marital (pre-marriage or post-separation) contributions

