Employee and Employer Contributions
With 401(k) plans like the Midwest Healthcare Inc. 401(k) Profit Sharing Plan & Trust, you must determine whether the QDRO includes:
- Only employee deferrals
- Employer matching and profit sharing contributions
- Both vested and nonvested portions
Most divorcing spouses agree to divide the entire account balance accrued during the marriage. However, be aware that employer contributions may be subject to vesting schedules. If your spouse hasn’t been with the company long enough to meet the vesting criteria, some contributions might be forfeited—meaning they won’t be available to divide.

