Employee vs. Employer Contributions
A common mistake we see in QDROs for 401(k) plans like the Ctk Steakhouse Corp. 401(k) Profit Sharing Plan & Trust is failing to address which contributions are divided. Employee contributions are typically 100% vested immediately. But employer contributions may be subject to a vesting schedule. If you’re awarding 50% of the total account, you need to decide: Is that 50% of what’s vested now? Or 50% of what becomes vested later? Your QDRO needs to be specific on this point.

