1. Contributions: Employee and Employer
In 401(k) plans like the Salls Brothers Construction, Inc.. 401(k) Profit Sharing Plan, accounts can include both employee contributions (money the participant contributes from their paycheck) and employer contributions (such as profit sharing or matching contributions). It’s important to specify in the QDRO which of these contributions are subject to division.
Employer contributions may be subject to a vesting schedule, meaning they’re not fully earned until the employee has worked a certain number of years. Non-vested amounts are typically not divisible in a QDRO—but that can vary depending on the wording of the divorce judgment and the plan’s policies.

