1. Employee vs. Employer Contributions
401(k) plans typically consist of contributions made by the employee, as well as employer matches, profit sharing, or other employer contributions. When dividing the Morrison Industries, Inc.. Retirement Savings Plan, make sure the QDRO specifies whether the order applies to:
- Only employee contributions
- Employee and employer contributions
- Only vested portions of employer contributions
Many employer contributions are subject to vesting schedules—meaning the participant must work for the employer a certain number of years before earning full rights. Any unvested employer contributions as of the divorce date may be forfeited if the employee leaves the company prematurely. A QDRO must be drafted to reflect this.

