Employee vs. Employer Contributions
Most 401(k) plans include a mix of employee deferrals and employer contributions. One of the most important elements in drafting a QDRO for the Mpi Ky LLC 401(k) Profit Sharing Plan & Trust is determining how these two components are divided:
- Employee Contributions: Typically 100% vested and eligible for division.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion can be divided at the time of divorce.
It’s essential to specify in the QDRO whether both types of contributions are included—and to identify what portion of the employer contributions are vested, as only those will transfer to the alternate payee.

