Employee vs. Employer Contributions
The Bennett Enterprises 401(k) Plan likely includes a mix of employee deferrals and employer contributions. When dividing the plan, it’s essential to:
- Specify whether the QDRO applies to both employee and employer-contributed funds
- Clarify which dates the division applies to (e.g., from marriage date to separation date)
- Acknowledge any matching or profit-sharing amounts granted throughout the marriage
Some employer contributions may not be fully vested, which leads us to the next consideration.

