Employee vs. Employer Contributions
The Comsearch, Inc.. 401(k) Plan includes both employee salary deferrals and potentially employer contributions. The QDRO must clearly indicate what is being divided—often it’s a “percentage of the total account balance” as of a certain date, but sometimes one party may only be entitled to the marital portion.
Keep in mind:
- Employee contributions are always 100% vested.
- Employer contributions may be subject to a vesting schedule—only the vested portion gets divided.
- Unvested employer contributions are forfeited when an employee leaves before full vesting is complete.
We make sure these distinctions are documented correctly in your QDRO rather than leaving them up to interpretation later.

