Employee and Employer Contributions
In most 401(k) plans, both the employee and the employer can make contributions. When dividing the Scharine Group 401(k) Plan and Trust in divorce, you’ll want the QDRO to clearly explain whether it applies to:
- Employee contributions only
- Both employee and employer contributions
This matters because the employer portion is often subject to a vesting schedule, meaning the employee doesn’t receive full ownership of the employer’s contributions immediately. Any unvested amounts may never actually become part of the participant’s balance—and therefore, may not be divisible in the QDRO.

