1. Employee and Employer Contributions
Because this is a profit sharing 401(k), contributions can come from both the participant (employee) and the plan sponsor (employer).
- Employee contributions are always fully vested and considered marital property if earned during the marriage.
- Employer contributions may be subject to a “vesting schedule,” meaning only the vested portion is available to be divided in the QDRO.
Your QDRO must clearly state whether it covers only the vested portion or anticipates future vesting. If your QDRO assumes future vesting, you’ll want specific language in place to include those funds as they vest.

