Employee and Employer Contributions
One core issue in dividing the Orthopaedic Associates of Duluth, P.a. Employees Profit Sharing & 401(k) Plan is determining exactly what’s divisible. Employee contributions (the 401(k) deferrals) are usually 100% vested and available for division. But employer contributions often follow a vesting schedule, meaning only a portion may be divisible if the employee spouse hasn’t worked there long enough.
Your QDRO must specify whether the alternate payee (the non-employee former spouse) will receive a percentage of:
- The total account balance on a specific date
- Only the vested portion as of that date
- Or include future vesting of employer contributions (if the parties agree)
You also need to know whether contributions were made into different sub-accounts such as Roth and traditional 401(k) balances, and whether these should be split proportionally.

