Type of Contributions: Employee vs. Employer
401(k) plans typically include both employee contributions (voluntarily deducted from paychecks) and employer contributions (often tied to company matching or profit sharing). When dividing the Imi Holding Corporation 401(k) Profit Sharing Plan, your QDRO should state clearly how each type is handled.
- Employee contributions and their earnings are generally 100% vested and divisible.
- Employer contributions are only divisible to the extent they are vested. If some benefits are unvested at the time of divorce or QDRO processing, they typically cannot be included in the alternate payee’s share.
- Check the plan’s vesting schedule carefully—some plans use a 3-year cliff or 6-year graded schedule.

