Employee Contributions vs. Employer Contributions
In a 401(k) profit sharing plan like the Tds Pharmacy, Inc.. 401(k) Profit Sharing Plan & Trust, both employees and employers contribute. These contributions must be separated when calculating the marital portion:
- Employee contributions are always 100% vested and will typically be divided from the date of marriage to the date of separation (or another agreed-upon valuation date).
- Employer matching or profit-sharing contributions may be subject to a vesting schedule, which could impact what the non-employee spouse is actually entitled to receive.
The QDRO must capture this distinction accurately or risk dividing more than the participant has a right to keep.

