Employee vs. Employer Contributions
401(k) accounts usually include both employee contributions (money the participant contributes from their paycheck) and employer contributions (money the employer adds, which may have vesting schedules). A divorce settlement or QDRO must account for these sources separately. Typically:
- Employee contributions can be divided as they are 100% vested from day one.
- Employer contributions may be subject to a vesting schedule. Only the vested portion at the date of divorce is divisible.
For the Valley Medical Staffing Inc. 401(k) Plan, it’s critical to request and review the exact vesting schedule to determine what portion of employer contributions are legally distributable under the QDRO.

