Dividing Employee and Employer Contributions
In most 401(k) plans, including the Total Truck Parts Inc. 401(k) Profit Sharing Plan & Trust, both the employee and employer contribute to the account. When drafting a QDRO, it’s crucial to be clear about what is being divided:
- Employee Contributions: These are fully vested and usually divided based on a specified percentage or date range.
- Employer Contributions: These may be subject to a vesting schedule, which determines what portion is available for division.
For divorcing spouses, we usually recommend referencing “the vested account balance as of the date of distribution” to avoid disputes about unvested funds that could eventually be forfeited.

