Employee and Employer Contributions
One of the first questions is how to divide contributions. The participant likely made regular employee contributions to the The Arc North Florida Inc.. 401(k) Profit Sharing Plan & Tru through payroll deductions. In many cases, employers also add profit sharing or matching contributions. Here’s where it gets tricky: employer contributions may be subject to a vesting schedule.
If a portion of the account reflects unvested employer contributions, they won’t be available for division through a QDRO. A proper order must distinguish between vested and unvested assets to avoid errors. Courts generally only divide the vested portion unless otherwise agreed.

