Employee vs. Employer Contributions
With 401(k) plans like the Av3, Inc.. 401(k) & Profit Sharing Trust, the account may include both employee and employer contributions. These are not always treated equally in a QDRO.
- Employee Contributions: Usually 100% vested and can be divided based on a date or percentage.
- Employer Contributions: These may be subject to vesting restrictions and only the vested portion is eligible to be awarded in the QDRO.
It’s important to review the plan’s vesting schedule to determine how much of the employer contributions are actually available for division.

