1. Employee vs. Employer Contributions
The Jenkins Plumbing 401(k) Plan most likely includes both employee contributions made through payroll deferral and matching contributions funded by Jenkins plumbing company, LLC. Dividing these contributions in your QDRO isn’t always straightforward.
- Employee contributions are always 100% vested and can be divided without issue.
- Employer contributions may be subject to a vesting schedule. If your spouse isn’t fully vested, some of that money may be forfeited unless the QDRO is timed carefully.
That’s why it’s important to know the date of division (which is usually the date of separation or divorce) and compare it to the participant’s years of service.

