1. Employee vs. Employer Contributions
401(k) plans include employee contributions (what the participant personally contributed) as well as employer contributions (matching or profit-sharing contributions from the company). For the Fehrer Automotive North America, LLC 401(k) Plan, make sure your QDRO specifies whether the award includes:
- Just the employee contributions
- All vested employer contributions
- All contributions regardless of vesting (which could lead to issues if not careful)
In our experience, employer contributions are often not fully vested. That means you could be awarded a portion in the divorce that doesn’t actually exist yet, or could be forfeited. We help ensure the language in the QDRO protects you against this.

