Employee and Employer Contributions
401(k) plans like the Reno Refractories, Inc.. 401(k) Profit Sharing Plan typically include both employee elective deferrals and employer profit-sharing contributions. However, only the vested portion of these contributions can be divided in most cases.
If the participant was not fully vested at the time of divorce, the alternate payee may not be entitled to the unvested portions—even if the account balance appears significant on paper. This makes it critical to obtain a vesting schedule from the plan administrator early in the QDRO process.

