1. Employee and Employer Contributions
401(k) plans typically consist of two contribution types: employee deferrals, which are fully vested immediately, and employer contributions, which may be subject to a vesting schedule. For the Neuralink Corp.. 401(k) Profit Sharing Plan and Trust, it’s critical to determine:
- Whether any of the account consists of employer-matching or profit-sharing contributions
- How much of those contributions are vested at the time of division
- If the QDRO should divide only the vested portion or address potential future vesting
Employers may also reclaim (“forfeit”) unvested contributions after a divorce, so addressing vesting issues early is a key part of protecting both parties.

