Employee vs. Employer Contributions
The Lorhan Corporation Inc. 401(k) Profit Sharing Plan & Trust likely contains both employee contributions (salary deferrals) and employer contributions (profit sharing or matching funds).
- Employee contributions: These are fully vested immediately and can be divided between the plan participant and alternate payee.
- Employer contributions: These are subject to vesting schedules—meaning not all contributed funds are guaranteed to the employee unless they’ve met certain service requirements. Only the vested portion is divisible in a QDRO.
An effective QDRO must account for the difference between these components and limit the alternate payee’s share to the vested balance only.

