Employee and Employer Contributions
When dividing the Apex Clean Energy, Inc.. 401(k) Plan, it’s important to understand that the account may include:
- Pre-tax (traditional) contributions from the employee (participant)
- After-tax (Roth) contributions from the employee
- Employer-matching or profit-sharing contributions
The QDRO should clearly state whether the division includes employer contributions and whether those amounts are vested or unvested. Many employer contributions vest over time based on a schedule, which brings us to our next point.

