Employee vs. Employer Contributions
In the Independence Bancshares, Inc.. Employee Stock Ownership Plan (with 401(k) Provisions), contributions typically come from both the employee (through elective deferrals) and possibly the employer through matching or profit-sharing. When dividing the account:
- Elective deferrals are always 100% vested and can be divided by a simple percentage or fixed amount.
- Employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, the unvested portion can be forfeited—meaning the alternate payee won’t receive it even if the QDRO tries to divide it.
It’s important to confirm the participant’s vested percentage at the time of divorce. We help you work with the plan administrator to make sure your QDRO doesn’t inadvertently award funds that will be forfeited later.

