Employee and Employer Contributions
401(k) plans like the Theis Distributing Co. Inc. 401(k) Plan typically include both employee deferrals and employer contributions. When dividing the plan in a divorce, it’s necessary to specify in the QDRO whether both types of contributions are to be included.
Be cautious here—employer contributions may be subject to a vesting schedule. This means that just because the account balance shows a certain amount doesn’t mean it’s fully owned by the participant. The QDRO should clearly state how to handle partially vested funds or specify that only vested amounts are to be divided.

