Employee vs. Employer Contributions
Most 401(k) plans consist of employee deferrals and employer matching or profit-sharing contributions. In a divorce, both can be subject to division—but only if they’re vested. Here’s what to keep in mind:
- Employee Contributions: These are always 100% owned by the participant and fully divisible under a QDRO.
- Employer Contributions: These may be subject to vesting; unvested portions typically stay with the employee.
The plan administrator of the Groff’s Heating, Air Conditioning & Plumbing, Inc.. Employees Savings Trust should provide a statement of what is vested vs. unvested at the time the QDRO is being prepared. Make sure your attorney or QDRO professional reviews these values closely.

