1. Employee vs. Employer Contributions
401(k) plans generally include two types of contributions: the employee’s own salary deferrals and employer matching or profit-sharing contributions. In the Sea-dar Enterprises, Inc.. 401(k) Plan, both types may be present. Some points to remember:
- Employee contributions are always 100% vested and divisible in divorce.
- Employer contributions may have a vesting schedule. If the participant is not fully vested, some of the employer contributions may not be available to divide.
- The QDRO should specify whether the alternate payee gets a share of all contributions or just the vested portion.

