Employee vs. Employer Contributions
The Steelhead Surgical, Inc.. 401(k) Profit Sharing Plan likely includes both employee 401(k) deferrals and employer profit-sharing contributions. When dividing the account, it’s crucial to identify which portion belongs to the employee’s contributions and which part comes from the employer. Why? Because employer contributions may be subject to a vesting schedule.
Only the vested portion is marital property that can be divided. An accurate QDRO should state how contributions are to be split and whether the division includes gains and losses up through the date of distribution.

