Employee and Employer Contribution Division
With the South Shore Support Services Inc. 401(k) Profit Sharing Plan & Trus, both the participant (employee) and the plan sponsor (employer) may contribute funds over time. A well-drafted QDRO will distinguish between:
- Employee Contributions: These are always 100% vested and available for division.
- Employer Contributions: These are often subject to a vesting schedule and may not be fully owned by the participant at the time of divorce.
If your spouse isn’t fully vested in their employer match yet, that portion may not be divisible. Or, the QDRO can include language to divide only the vested portion. That’s why it’s essential to obtain a current account statement and the plan’s Summary Plan Description before drafting your QDRO.

