1. Employee vs. Employer Contributions
The Kamans Art Shoppes Inc. 401(k) Profit Sharing Plan & Trust likely contains both employee deferrals and employer profit-sharing contributions. A key issue during QDRO drafting is determining how these contributions are split:
- Employee Contributions: These are generally 100% vested and subject to division as of the date of divorce or another agreed-upon date.
- Employer Contributions: These may be subject to a vesting schedule. Unvested amounts as of the division date may not be available to the former spouse.
You’ll need to request a plan statement and vesting schedule to assess what portion of employer contributions are eligible for division.

