Employee vs. Employer Contributions
When dividing the Okamoto Sandusky Manufacturing 401(k) Profit Sharing Plan & Trust in a divorce, it’s important to separate employee contributions (which are usually 100% vested) from employer matching or profit-sharing contributions (which may be subject to a vesting schedule).
If a QDRO awards a percentage of the account as of a certain date, it’s vital that the order clearly state whether this percentage includes both employee and employer contributions. Many cases miss specifying this critical distinction which can lead to disputes or delays in administration. A well-drafted QDRO will make this point crystal clear.

