1. Employer and Employee Contributions
The Top Hat Industries, Inc.. 401(k) Plan is likely funded by both employee deferrals and employer matching or profit-sharing contributions, as is typical with corporate 401(k) plans. Not all employer contributions may be fully vested. When preparing a QDRO, it’s critical to:
- Determine which contributions are marital and subject to division
- Establish the vesting percentage of employer contributions
- Ensure the QDRO separates only the marital portion, not post-separation savings

