1. Contributions: Employee vs Employer Portions
A major factor in QDRO drafting is determining how to split contributions. The Mani Brothers 401(k) Retirement Plan likely includes:
- Employee salary deferrals — These are always 100% vested and fully divisible.
- Employer matching or profit-sharing contributions — These may be subject to vesting schedules.
It’s critical to review the participant’s benefit statement to separate what’s fully vested versus what remains “unvested” and potentially forfeitable if the employee leaves the company.

