Employee vs. Employer Contributions
When dividing a 401(k) like the Abx 401(k) Retirement Plan, it’s important to understand the source of the contributions. Typically, 401(k) plans consist of:
- Employee Contributions: Paid from the participant’s salary and always 100% vested.
- Employer Contributions: Match or profit-sharing contributions that may be subject to a vesting schedule.
The QDRO should spell out whether it divides just the vested portion or any portion of future vesting. This is particularly important with plans from Business Entities in the General Business sector, where profit-sharing contributions are common but may forfeit if not vested at the time of divorce.

