Employee vs. Employer Contributions
With plans like the Primary Packaging, Inc.. 401(k) Profit Sharing Plan, both employees and the employer contribute to the plan. When dividing the assets, it’s crucial to distinguish between:
- Employee Contributions: Always 100% vested.
- Employer Profit Sharing Contributions: Subject to a vesting schedule.
Your QDRO must specify whether the alternate payee receives only vested portions at time of divorce or if the order continues to apply to future vesting (known as a shared interest approach). If the employer has made generous profit-sharing contributions, understanding exact vesting rules is essential before drafting the QDRO.

