Employee vs. Employer Contributions
One of the central issues in dividing a 401(k) like the Wlr Management Company, Inc.. 401(k) Profit Sharing is the division of contributions:
- Employee Contributions: These are almost always fully vested and can be divided in a QDRO without restriction.
- Employer Contributions: These may be subject to a vesting schedule.
If the participant is not fully vested, the alternate payee would only be entitled to the vested portion. Be sure your order addresses this clearly. Some orders specify that only the vested portion as of the date of division will be divided. Others request all contributions that become vested in the future remain with the participant.

