1. Employee and Employer Contributions
Every cent contributed to the 401(k) during the marriage may be subject to division. This includes:
- Employee contributions (deferrals)
- Employer matching contributions (which may or may not be fully vested)
Employer contributions often come with a vesting schedule. A QDRO for the Ers International 401(k) Profit Sharing Plan & Trust must distinguish between vested and unvested portions. The alternate payee can’t be awarded funds that the participant has not yet earned based on time or employment status.

