Dividing Contributions: Employee vs. Employer
401(k) plans often include both employee deferrals and employer profit-sharing or matching contributions. When dividing an account under the Prime Time Coatings Inc. 401(k) Profit Sharing Plan & Trust, you’ll need to address both types. Depending on the plan’s rules, either party can receive a portion of the total account or just the marital portion based on contributions made during the marriage.
Important questions include:
- Are employer contributions fully vested? If not, you may only divide the vested portion.
- Are the contributions pre-tax (traditional) or post-tax (Roth)?
This brings us to two QDRO-critical issues: vesting schedules and account type distinctions.

