Employee and Employer Contributions
Most 401(k) plans include a combination of employee salary deferrals and employer contributions (often matching or profit sharing). When drafting a QDRO for the Atlas Disposal Industries, LLC 401(k) Profit Sharing Plan, it’s critical to state whether the division includes just employee contributions, or both employee and employer funds.
If employer contributions are partly or fully unvested, they may not be subject to division. The QDRO should factor in vesting status as of the separation date or a different agreed-upon date.

