1. Employee vs. Employer Contributions
One common mistake in QDRO drafting is failing to clarify whether the division applies to the total account or just employee contributions. The Leapfrog Services, Inc.. 401(k) Profit Sharing Plan likely involves both employee deferrals and employer contributions through profit sharing. A properly drafted QDRO must state how each component is to be divided.
Employer contributions may be subject to vesting schedules, meaning not all funds may be available for division depending on the employee’s length of service at the time of divorce. We’ll discuss vesting next.

