Employee and Employer Contributions
The Curt Maberry Farm, Inc.. Employees 401(k) Profit Sharing Plan, like most 401(k) plans, includes both employee salary deferrals and employer profit-sharing contributions. These components may have different rules attached:
- Employee contributions are always 100% vested and divisible by a QDRO.
- Employer contributions may be subject to a vesting schedule. Only the vested portion is legally divisible in divorce.
You’ll need to request a participant statement that shows the fully vested balance. In your QDRO, be clear whether division is based on total balance or only the vested portion as of a specific date, such as the date of separation or divorce filing.

