Employee vs. Employer Contributions
401(k) plans involve both employee deferrals and employer contributions—often through matching or profit sharing. In dividing the Russell Feed, Inc.. 401(k) Profit Sharing Plan, it’s critical to check:
- What portion of the balance came from employee deferrals? These are usually 100% vested and easy to divide.
- How much came from employer contributions? These may be subject to a vesting schedule.
Your QDRO should clearly identify whether the Alternate Payee is entitled to a percentage of just the vested balance or the full account. If any portions are not yet vested, the order should specify whether future vesting applies to the Alternate Payee’s share.

