Employee vs. Employer Contributions
401(k) plans like the Marley Lilly LLC 401(k) Plan often include both employee salary deferrals and employer matching or profit-sharing contributions. While the participant’s contributions are always 100% vested, employer contributions may follow a vesting schedule. It’s critical to determine:
- What portion of employer contributions is vested
- What percentage is non-vested and likely to be forfeited upon employment termination
- Whether to divide only vested balances or include potential future vesting
Usually, a QDRO will divide only the vested balance as of a certain “valuation date,” often the date of separation or date of divorce filing. PeacockQDROs helps you clarify this date and ensures the order excludes non-vested amounts that could create confusion or disputes later.

