Employee vs. Employer Contributions
With 401(k) plans like the Northern Valley Indian Health, Inc.. 401(k) Profit Sharing Plan, account balances typically include:
- Employee contributions (always 100% vested)
- Employer contributions (often subject to a vesting schedule)
It’s critical to determine how much of the employer’s contributions were vested as of the “date of division” (usually the date of separation, filing, or judgment). Unvested contributions may not be payable to the alternate payee. Ensure your QDRO specifies whether distributions will include only vested balances or both vested and nonvested portions—although the plan is only obligated to pay out the vested portion.

