Dividing Contributions Fairly
401(k) plans like the Peju Family Operating Partnership 401(k) Profit Sharing Plan typically include both employee and employer contributions. Contributions are generally handled separately in a QDRO. Here’s what to consider:
- Employee Deferrals: Usually fully owned by the participant and subject to division.
- Employer Matching or Profit Sharing Contributions: May be subject to a vesting schedule.
Unvested employer contributions at the date of divorce or date of division (depending on court order) are often not included in the distribution to the alternate payee. If vesting is incomplete, it’s important for the QDRO to clarify how any future vesting will—or will not—impact the alternate payee’s award.

