Employee and Employer Contribution Splits
The Evans Concrete 401(k) Profit Sharing Plan likely includes both employee-funded and employer-funded accounts. Employer contributions may be subject to vesting schedules, so make sure the QDRO separates vested amounts from unvested ones. Only vested portions can be assigned to the alternate payee.
Also, if the divorce agreement specifies a flat dollar amount, be aware that investment performance can change the actual balance between the time of divorce and the time the QDRO is processed. Make sure to be specific about how gains or losses should be applied to the alternate payee’s share.

