Employer vs. Employee Contributions
The Air Charter Service Inc. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Not all contributions may be divisible. If a portion of the employer contributions is subject to vesting — meaning not fully owned by the participant yet — the non-vested portion cannot be awarded in the QDRO.
For example, if the participant is only 60% vested in employer contributions at the time of divorce, only that 60% can be divided. The unvested 40% may be forfeited later if the participant leaves employment before full vesting is reached.

