1. Employee vs. Employer Contributions
The Crum Electric Supply Company 401(k) Salary Deferral & Profit Sharing Plan includes both employee salary deferrals and employer profit-sharing contributions. When drafting your QDRO, you have to decide whether to divide just the employee’s contributions or also the employer contributions.
Employer contributions may be subject to a vesting schedule, meaning not all of them are fully owned by the employee at the time of divorce. If contributions are not yet fully vested, the alternate payee cannot receive those funds. It’s essential to clarify whether the QDRO should only apply to vested amounts as of the date of divorce or another defined date.

