Employee and Employer Contributions
401(k) plans typically involve contributions made by the employee (salary deferral) and, often, contributions made by the employer. In the Savannah Vascular Institute, LLC 401(k) Profit Sharing Plan, employer contributions are structured as profit sharing. One key point: employer contributions may be subject to a vesting schedule, which means the participant may not own 100% of those funds at the time of divorce.
In a QDRO, only the vested balance as of the official division date can be divided. Unvested portions revert to the plan if the employee leaves the company before full vesting. It’s essential to identify what portion of the assets are vested when averaging the accounts or choosing a valuation date.

