Employee and Employer Contributions
The Stainless Steel 401(k) Profit Sharing Plan and Trust likely includes both employee deferrals and employer contributions. While employee deferrals are usually considered marital assets if made during the marriage, employer contributions can be a little trickier to divide.
Employer contributions may be subject to a vesting schedule. If you’re dividing unvested portions of the account, you’ll need to specify in the QDRO whether the alternate payee will receive future vesting benefits. In many cases, only vested contributions are subject to division, unless otherwise agreed.

