1. Employee and Employer Contributions
When drafting a QDRO for a 401(k) plan, it’s crucial to define exactly what gets divided. Many divorcing couples choose to split:
- Only employee contributions
- Employee and vested employer contributions
- The full account balance at the time of division
In the case of the Dun-rite Home Improvements, Inc.. 401(k) Profit Sharing Plan, it’s likely that employer contributions come in the form of a profit-sharing component—and those often have vesting schedules. If the employee is not fully vested, some of the employer money may be forfeited later. Your QDRO should make clear how to handle these forfeitures fairly.

