1. Dividing Employee and Employer Contributions
The Dixie Chemical Company, Inc.. 401(k) Plan likely includes both employee salary deferral contributions and employer matching or profit-sharing contributions. A common mistake is not specifying which types of funds are being divided. A well-drafted QDRO will clearly identify whether the alternate payee is receiving:
- Only employee contributions
- All employer contributions vested as of the date of division
- Both, possibly prorated by time or dollar amount

