Employee Contributions vs Employer Matching
401(k) accounts like those in the F.g. Pruitt 401(k) Profit Sharing Plan typically include two types of contributions:
- Employee Contributions: These are usually 100% vested and subject to division.
- Employer Contributions: These may be subject to a vesting schedule. Any non-vested portion may be excluded depending on the date of divorce and plan rules.
Understanding what’s vested and what’s not is critical. Your QDRO must clearly state whether only vested amounts will be divided. If not, the alternate payee could be awarded funds that are eventually forfeited.

