Employee vs. Employer Contributions
401(k) plans typically involve both employee contributions and employer matching or profit-sharing amounts. In many cases, employee contributions are fully vested, whereas employer contributions may be subject to vesting rules. In dividing the Blomquist Companies Profit Sharing and 401(k) Plan, you’ll need to determine:
- Have all contributions vested?
- Are there forfeitures of unvested amounts?
- Will the alternate payee receive a percentage of the total account or only vested funds?
It’s common for divorcing spouses to mistakenly divide the total balance without factoring in unvested employer contributions, which may later be forfeited. The QDRO should be worded carefully to avoid giving the alternate payee rights to funds that disappear due to vesting loss.

