Employee and Employer Contributions
In 401(k) plans like the Weaver Companies, Inc.. Profit Sharing 401(k) Plan, both the employee and employer may contribute. The employee’s deferrals are always 100% vested, but employer contributions may be subject to a vesting schedule. This matters when dividing the account—only vested balances can be awarded to an alternate payee.
If you’re dealing with a partially vested account, your QDRO must include language that explicitly states only vested balances will be divided. Otherwise, you risk battling over amounts that are not legally distributable.

