Employee vs. Employer Contributions
401(k) plans like the Gillespie & Son, Inc.. 401(k) Profit Sharing Plan typically include both employee salary deferrals and employer contributions. The QDRO should specify what portion of each is to be divided. This is important because:
- Employee contributions are almost always 100% vested
- Employer matching or profit-sharing contributions may be subject to a vesting schedule
If you’re the alternate payee, make sure your QDRO captures only the vested amounts unless the original divorce decree says otherwise.

