Employee vs. Employer Contributions
When dividing a 401(k) like the Tri-mor Corporation Savings Incentive Plan, it’s critical to distinguish between employee contributions (money the participant personally contributed to the plan) and employer contributions (matching or profit-sharing contributions made by the company—Tri-mor corporation savings incentive plan in this case).
Many couples choose to divide the account according to a flat percentage or a specific dollar amount. But if the participant has been with the company for a short time, some employer contributions might not be fully vested. Unvested funds can’t be awarded in the QDRO.

