1. How Employee and Employer Contributions Are Divided
With the Elire, Inc.. 401(k) Profit Sharing Plan and Trust, both employee salary deferrals and employer profit-sharing contributions may be included in the division. However, employer contributions may be subject to vesting schedules, which is critical when structuring your QDRO.
If your spouse has only partially vested employer contributions, your QDRO must clarify whether you’re to receive a portion of the vested amount as of a certain valuation date, or if you’re also to track ongoing vesting (which adds complexity). We walk our clients through the pros and cons of each option before drafting.

