Employee vs. Employer Contributions
When dividing the Hkm Employment Attorneys Llp 401(k) Profit Sharing Plan & Trust, it’s crucial to distinguish between employee contributions (from the participant’s paycheck) and employer profit-sharing contributions. The participant always owns 100% of their employee contributions, but employer contributions may be subject to a vesting schedule.
During QDRO drafting, we recommend specifying whether only vested amounts are being divided or using language that tracks plan-specific vesting schedules over time. This ensures fairness and avoids future disputes.

