1. Dividing Employee vs. Employer Contributions
Participants in the Mobile Trailer Works Inc. 401(k) Profit Sharing Plan & Trust may have both employee deferrals and employer-funded profit-sharing contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. If you’re the non-employee spouse (also called the “alternate payee”), it’s vital to confirm:
- The exact value of the vested versus unvested employer contributions
- Whether the plan administrator requires division based only on vested amounts at the date of divorce or at the date of QDRO approval
Non-vested funds generally cannot be awarded, so requesting documentation such as benefit statements or a vesting schedule is essential during divorce proceedings.

