Employee and Employer Contributions
The Spreen Inc. 401(k) Profit Sharing Plan & Trust likely includes both employee salary deferrals and employer profit-sharing contributions. Employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule based on service time.
This means you must calculate what portion of the employer’s contributions were vested as of the divorce date or another agreed-upon valuation date. Only the vested portion is divisible through a QDRO.

