Employee and Employer Contributions
401(k) balances typically include both employee deferrals and employer matching or profit-sharing contributions. The QDRO must specify which contributions should be divided and on what basis—for example, a percentage of the entire account accrued as of the date of separation or divorce.
If employer contributions under the Intellect Solutions, LLC 401(k) Profit Sharing Plan and Trust are subject to vesting, unvested amounts may eventually be forfeited. QDRO language should clarify whether the alternate payee’s share includes only the vested portion or anticipates future vesting rights.

