Employee vs. Employer Contributions
Participants often contribute to their 401(k) accounts through payroll deductions. In many plans—especially profit-sharing models like this one—employers may also contribute. These employer contributions are often subject to a vesting schedule.
If you’re dividing the Esquire Law LLC 401(k) Profit Sharing Plan & Trust, make sure your QDRO addresses:
- How to divide employee contributions (usually easy to value and 100% vested)
- Whether the former spouse (alternate payee) receives a share of vested employer contributions
- What happens to unvested contributions – typically, they’re forfeited, but may become relevant based on timing

