Employee vs. Employer Contributions
Most 401(k) plans, including the Behavioral Perspective Inc. 401(k) Profit Sharing Plan & Trust, include two types of contributions:
- Employee Contributions: These are fully vested and belong to the participant. They’re typically 100% divisible in divorce.
- Employer Contributions: These may be subject to a vesting schedule—meaning that only a portion of the balance may be available depending on how long the participant worked at the company.
If the plan includes employer matching or profit-sharing contributions, your QDRO should specify that the alternate payee (you or your spouse) is only entitled to the vested portion as of the date of division. Unvested funds are typically forfeited or revert to the participant.

