1. Division of Employee and Employer Contributions
Like many 401(k) plans, the Infinity Dental Management Ser 401(k) Profit Sharing Plan & Trust likely includes both employee deferrals and employer matching or profit-sharing contributions. When drafting a QDRO, it’s critical to clarify whether the division includes just employee contributions or the total vested balance including employer funding.
Only vested employer contributions are available for division. If a participant has unvested amounts—often tied to a schedule of service years—those will remain with the employee unless otherwise specified or vesting is accelerated by the plan upon divorce (which is rare).

