Employee and Employer Contributions
The Trinity Rehabilitation Service 401(k) Profit Sharing Plan & Trust likely includes both employee salary contributions and employer-matching or profit-sharing contributions. QDROs can divide both types—however:
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule. That means a portion might not be divisible if the employee isn’t fully vested.
The QDRO should clearly indicate whether only vested balances are to be divided, or if conditional language is needed to address potential future vesting after the divorce.

