Employee and Employer Contributions
The Jelinek Hardware Company Safe Harbor 401(k) Profit Sharing Plan includes both employee deferrals and employer contributions. In a divorce, all contributions made during the marriage are usually considered marital property. However, employer contributions—such as profit-sharing or safe harbor matches—may be subject to a vesting schedule. This means your share could depend on whether your spouse had been with the company long enough at the time of divorce to be fully vested.
Make sure your QDRO accounts for:
- Employee salary deferrals (100% immediately vested)
- Employer safe harbor and profit-sharing contributions, which may vest over time
- Whether to divide the full account balance or only the marital portion

