1. Employee and Employer Contributions
Like many general business plans, the P.c.s. 401(k) Savings Plan likely includes:
- Employee contributions: These amounts are always 100% vested and available for division through a QDRO.
- Employer contributions (match or profit-sharing): These may be subject to a vesting schedule. Only the vested portion can be divided.
Be careful: Any unvested amount as of the date of division is forfeited unless the participant later becomes vested. A QDRO can address how to treat employer contributions that may vest in the future, but this must be specifically stated.

