1. Employee vs. Employer Contributions
When dividing assets in the Sti, LLC 401(k) Profit Sharing Plan, it’s not just the employee’s salary deferrals that matter. Employer contributions can significantly boost the account balance. However, these are often subject to vesting schedules, as we’ll discuss below.
- Employee deferrals: These are usually 100% vested immediately and can be divided based on a date-of-division or date-of-distribution value.
- Employer contributions: These may not be fully vested and may include profit-sharing funds. A QDRO must specify whether to include vested employer contributions only or all contributions regardless of vesting.

