Employee vs. Employer Contributions
You’re always 100% vested in your own salary deferrals to a 401(k). However, employer matching or profit-sharing contributions may be subject to a vesting schedule. That means:
- Only the vested portion of the employer contributions can be divided in a QDRO.
- If your spouse is still working at Lounsbury excavating, Inc.. 401(k) salary reduction plan & trust and hasn’t reached full vesting, part of the employer contributions could be forfeited if they leave before fully vesting.
Any QDRO for this plan should specifically address how to treat unvested portions and clarify what percentage is being divided.

