Dividing Employee and Employer Contributions
Most 401(k) plans, including the National Glazing Solutions LLC 401(k) Profit Sharing Plan & Trust, include both employee deferrals and employer matches or profit sharing. A QDRO can order the division of both types—but here’s the catch:
- Employee contributions are generally always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule, meaning the employee may not ‘own’ the full amount unless they’ve been with the company long enough.
Your QDRO should clearly state whether the alternate payee receives a share of only the vested balance or a portion of both vested and unvested funds (note: many plans will not pay out unvested shares until vested).

