1. Employee vs. Employer Contributions
401(k) accounts typically consist of both employee salary deferrals and employer contributions. In divorce, both portions can be divided—but only if they are vested. This is particularly relevant in the Willett Builders Inc. 401(k) Profit Sharing Plan & Trust because, as a corporation operating in the general business sector, it likely includes annual profit-sharing deposits.
The QDRO can award the alternate payee (usually the non-employee spouse) a portion of:
- Employee elective deferrals
- Employer profit-sharing contributions
- Any earnings on these contributions

