1. Contributions From Employer vs. Employee
The Survival Systems International 401(k) Profit Sharing Plan & Trust most likely includes both employee salary deferrals and employer profit-sharing contributions. During property division, these account segments may be treated differently in a QDRO. Employee deferrals are always fully vested and easier to divide. But employer contributions, especially profit sharing, may be subject to a vesting schedule.
When drafting a QDRO, be specific about whether the alternate payee is entitled to:
- A flat percentage or dollar amount of the account as of a certain date, or
- Only the community/marital portion of the account (based on contributions during marriage)
And don’t forget—any unvested employer amounts may be forfeited. Know the vesting schedule before agreeing on a division method.

