Employee Contributions vs. Employer Contributions
In dividing the Super Care, Inc.. 401(k) Profit Sharing Plan & Trust, the QDRO should clearly identify which funds are marital and which are separate. This includes:
- Employee Contributions: Typically fully vested and divisible
- Employer Contributions: May be subject to a vesting schedule
If employer contributions are not fully vested at the time of divorce, the alternate payee may only be entitled to the vested portion. Failing to handle this correctly in the QDRO can result in the alternate payee receiving nothing from the unvested portion, even if it’s later fully vested through continued service or plan changes.

