Employee vs. Employer Contributions
A big issue in dividing the Quattro Food Groups, LLC 401(k) Profit Sharing Plan is how to treat employer contributions. These funds often vest over time. If the participant hasn’t been with Quattro food groups, LLC 401(k) profit sharing plan long enough, some contributions may not be fully earned (or “vested”).
You can only divide vested amounts in a QDRO. Make sure your order clearly specifies whether it covers:
- Just employee contributions, which are always 100% vested
- Vested employer contributions as of the divorce date
- Future vesting, if the court agreed to that

