Employee vs. Employer Contributions
Only the vested portion of employer contributions can be divided by a QDRO. If the participant hasn’t been with the company long enough per the plan’s vesting schedule, the non-vested portion remains with the plan sponsor. The Dueall Construction, Inc.. 401(k) Profit Sharing Plan likely has a vesting schedule typical of general business 401(k)s — often graded over a 5-7 year period. It’s critical to obtain a benefits statement to determine what portion of the account is truly subject to division.

