1. Employee vs. Employer Contributions
The Bacik Group LLC 401(k) Profit Sharing Plan & Trust likely contains both employee pre-tax or Roth contributions and employer matching or profit-sharing amounts. The QDRO must clearly specify whether the division includes:
- Only the employee’s contributions
- Both employee and vested employer contributions
- Gains and losses on divided amounts
By default, QDROs often include vested employer contributions, but defendant spouses should verify the status of employer funds since unvested amounts may not be accounted for.

