Employee vs. Employer Contributions
With a 401(k) plan such as the Global Information Systems, LLC 401(k) Profit Sharing Plan, employee contributions are generally 100% vested immediately. But employer contributions—especially profit-sharing portions—may be subject to a vesting schedule. If the divorce happens before full vesting, the non-employee spouse may only be eligible to receive a smaller portion or none of those employer contributions.
When drafting a QDRO for this plan, it’s essential to:
- Confirm which portion of the balance is employee-contributed vs. employer-contributed
- Check the vesting schedule associated with employer contributions
- Make sure the QDRO applies only to the vested portion as of the cutoff date in the divorce judgment

