401(k) Contribution Types: Employee vs. Employer
Most 401(k) plans—including the Sun City Fish LLC 401(k) Plan—include both employee contributions (amounts the employee defers from their paycheck) and employer contributions (such as matching or profit-sharing). A QDRO can award all or part of these contributions to the alternate payee (usually the ex-spouse), but only if those funds are vested.
It’s critical to review:
- Which employer contributions are vested at the date of division
- Whether the QDRO request includes just employee contributions or both types
- How unvested funds are handled in the event of forfeiture after employment ends

