Employer and Employee Contributions
The Kcj 401(k) Plan may include both employee deferrals and employer matching or profit-sharing contributions. These need to be evaluated separately:
- Employee contributions are always 100% vested and subject to division.
- Employer contributions may be subject to a vesting schedule based on years of service. Only the vested portion can be divided by QDRO.
Your QDRO must clarify how to treat unvested employer contributions. Typically, only vested funds as of the date of division (or another valuation date) are awarded. If nothing is specified, disputes or delays are likely.

