Employee vs. Employer Contributions
401(k) plans such as the Serg Restaurant Group LLC 401(k) Profit Sharing Plan & Trust typically include both employee contributions (from the worker’s paycheck) and employer contributions. A QDRO can divide one or both, but be aware of how the employer match is treated:
- Employee contributions are generally 100% vested immediately.
- Employer contributions may be subject to a vesting schedule—meaning they are not all fully owned by the employee right away.
Only the vested portion is divisible in a QDRO, so it’s crucial to obtain a current statement and vesting schedule when identifying what’s marital property.

