Employee and Employer Contributions
Most 401(k) plans, including the Victor Damato 401(k) Profit Sharing Plan & Trust, include both employee deferrals and employer matching or profit-sharing contributions. In divorce, both types are subject to division, but employer contributions may come with a catch — they might not be fully vested. That means a portion could be forfeited depending on the participant’s length of service. Your QDRO should clearly spell out whether the alternate payee is entitled to only vested amounts or a pro-rata share of future vesting.

