Employee vs. Employer Contributions
Most 401(k) plans have two major types of contributions: those made by the employee (through payroll deferrals) and those made by the employer (typically as matching or profit-sharing contributions).
- Employee contributions are generally 100% vested immediately and eligible for division.
- Employer contributions may be subject to vesting schedules, which could result in part of the balance being non-divisible or forfeited if the employee-spouse hasn’t met the vesting criteria.
For the A R Medicom Inc. 401(k) Profit Sharing Plan and Trust, it’s vital to verify the vesting schedule, especially for profit-sharing components. The QDRO should include language that only divides the vested portion unless both parties agree otherwise.

