Employee vs. Employer Contributions
The Indelible Solutions 401(k) Plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. In divorce, it’s common to divide only the marital portion—usually the account growth earned during the marriage. But whether employer contributions are included depends on when they were made and whether they are vested.
- Employee contributions are always 100% vested and typically part of the divisible estate.
- Employer contributions may be subject to a vesting schedule.
If a portion of the account remains unvested, it may be excluded from division or could result in the alternate payee (typically the ex-spouse) receiving a reduced amount. Your QDRO should clearly state whether it includes only vested balances or any future vesting.

