Employee vs. Employer Contributions
401(k) plans like the Dawson Technical 401(k) Profit Sharing Plan & Trust usually consist of two main components: elective deferrals made by the employee and employer contributions (often profit-sharing or matching). In a divorce, both components may be considered marital property, but employer contributions may be subject to a vesting schedule.
When preparing a QDRO for this plan, it’s important to:
- Confirm which employer contributions are vested as of the date of divorce or distribution
- Account for any unvested portions that may not be legally available for division
- Separate the division of employee contributions (which are fully vested) and employer contributions (which may not be)

