1. Employee vs. Employer Contributions
One of the most important questions is how to divide contributions within the plan. In the Bansi Fashion LLC 401(k) Profit Sharing Plan & Trust, both the employee and employer may make contributions. While employee contributions are typically 100% vested, employer contributions may be subject to a vesting schedule.
A proper QDRO will need to specify explicitly whether the alternate payee (usually the former spouse) is receiving a portion of:
- Employee contributions only
- Employer contributions (vested only or total)
- Investment gains and losses attributable to those contributions
Failure to specify these amounts clearly in the QDRO can delay processing or result in underpayment to the alternate payee.

