1. Employee and Employer Contributions
When dividing the Neris Bakery Products Inc.. 401 (k) Profit Sharing Plan & Trust, it’s critical to distinguish between employee contributions and employer profit-sharing contributions. Typically, the employee’s own contributions (and related earnings) are fully considered marital property if made during the marriage.
Employer contributions, however, may be subject to a vesting schedule. Amounts not vested at the time of divorce—or at the plan’s cutoff date—may not be divisible. The QDRO must reflect this, or the plan administrator may reject it.

