Employee Contributions vs. Employer Contributions
The Vcbo Architecture, LLC 401(k) Profit Sharing Plan is likely to include both traditional employee deferrals and employer profit-sharing contributions. This distinction matters because:
- Employee contributions are always 100% vested and can be divided in a QDRO immediately.
- Employer contributions may be subject to a vesting schedule; if the employee hasn’t worked long enough, some of those funds may not be marital or divisible.
When drafting your QDRO, it’s important that your attorney or QDRO expert reviews the participant’s most recent plan statement for a detailed breakdown of vested and unvested amounts.

