Employee and Employer Contributions
In plans like the Velocity Systems LLC 401(k) Profit Sharing Plan & Trust, there are generally two sources of contributions:
- Employee Contributions: These are automatically fully vested, meaning they belong 100% to the participant and can be divided in divorce.
- Employer Contributions: These are often subject to a vesting schedule, meaning they may not be fully owned by the participant yet. If your QDRO includes a share of employer contributions, it’s important to find out which portion is actually vested as of the divorce date or account division date.
An experienced QDRO attorney can request a breakdown of vested vs. unvested amounts from the plan administrator before division—and ensure that any non-vested funds aren’t accidentally included in the award to the alternate payee (usually the non-employee spouse).

