Division of Contributions
The St. Francis Winery and Vineyards, Inc.. 401(k) Profit Sharing Plan & Trust likely includes both:
- Employee Contributions: These are typically 100% vested immediately and payable to an alternate payee under the QDRO.
- Employer Contributions: These may be subject to vesting schedules. Only the vested portion can be divided.
It’s critical to determine the participant’s vesting status as of the divorce date or QDRO valuation date. Unvested amounts cannot be assigned in most cases and may be forfeited when employment ends.

