Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions (which are always 100% the member’s) and employer contributions, which may be subject to a vesting schedule. This means:
- The portion of the account funded by employee deferrals is typically marital property if earned during the marriage.
- Employer-provided contributions may be partially vested or non-vested at the time of divorce. Unvested funds are not divisible in the QDRO.
When drafting a QDRO for the Edgeworth Monitoring, LLC 401(k) Profit Sharing Plan, it’s essential to clarify whether the award includes only vested amounts—and to address any future vesting if applicable.

