1. Employee vs. Employer Contributions
401(k) accounts typically include both employee deferrals and employer matching or profit-sharing contributions. In the Filterworks Usa LLC 401(k) Profit Sharing Plan & Trust, it’s important to separate what’s been contributed by each party—and to understand how those contributions are treated upon division.
- Employee Deferrals: Always 100% vested, typically divisible based on the marital portion
- Employer Contributions: May be subject to a vesting schedule
If the participant spouse is not fully vested in employer contributions, the QDRO should include clear terms on how unvested amounts are handled—especially if vesting occurs post-divorce.

