1. Dividing Employee and Employer Contributions
401(k) plans like the Pathfinder LLC 401(k) Profit Sharing Plan & Trust often have both employee deferrals and employer contributions. In a divorce, both sources of funds can typically be divided. However, employer contributions may be subject to a vesting schedule, which can dramatically affect what is actually available for division. A QDRO must clearly define whether the alternate payee receives a flat dollar amount or a percentage of the participant’s vested account as of a specific date.

