Understanding Employee vs. Employer Contributions
The contributions made to the Western Pacific Distributing, LLC 401(k) Profit Sharing Plan fall into two major categories:
- Employee salary deferrals
- Employer profit-sharing and matching contributions
Employee contributions (and any growth on them) are always 100% vested. However, employer contributions may be subject to a vesting schedule. If the employee spouse (the “participant”) hasn’t worked long enough, part of the employer contributions may not be theirs to keep. These unvested amounts cannot be awarded to a former spouse in a QDRO.
When crafting a QDRO, you must specify whether only vested funds are being divided. Often, alternate payees mistakenly assume they’re entitled to half the entire account balance. That’s not always true, particularly in plans with profit-sharing or gradual vesting.

