Employee and Employer Contributions
The most common approach is to split the marital portion of the account based on a percentage—usually 50% of the balance accumulated during the marriage. However, the Willamette Valley Vineyards Inc.. 401(k) Profit Sharing Plan and Trust may include vested and unvested employer contributions, which adds complexity.
- Employee contributions are always 100% vested and easily divisible.
- Employer contributions may be subject to a vesting schedule.
If, for example, the participant is not fully vested in employer contributions, the alternate payee can’t receive the unvested amounts. If they later vest due to continued employment, those added funds generally remain with the participant unless specifically accounted for in the QDRO.

