Employee and Employer Contributions
A participant’s account may include:
- Employee deferrals – These are the employee’s direct contributions, usually pre-tax or Roth, and are 100% vested.
- Employer contributions – These can be subject to vesting schedules that impact how much of the account is marital property.
When dividing the Fuse Service, Inc. 401(k) Plan, it’s crucial to distinguish between what’s vested and what’s not, especially on the employer contribution side. A QDRO cannot award non-vested funds.

