Employee vs. Employer Contributions
Most 401(k) plans, including the Mass Moca Foundation, Inc.. 401(k) Profit Sharing Trust, distinguish between:
- Employee deferrals – This is the money you contribute from your paycheck. It is immediately 100% vested.
- Employer contributions – These may be subject to a vesting schedule. That means a divorcing spouse isn’t automatically entitled to the full employer match or profit-sharing amount unless it’s vested.
For a QDRO to fairly divide this plan, the order must specify which contribution sources are being divided, and how vested and unvested interests are handled.

