Dividing Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer contributions. In a divorce, the QDRO can specify whether both are divided or just one. For example:
- Employee Contributions: These are always 100% vested and generally subject to property division.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided.
For the Louis Ptak Construction Inc. 401(k) Profit Sharing Plan & Trust, it’s important to request a participant statement and summary plan description so the exact employer contribution vesting schedule can be reviewed.

