Handling Employee and Employer Contributions
401(k) accounts like the Total Operations and Productio 401(k) Profit Sharing Plan & Trust generally contain both employee deferrals and employer contributions. Only the vested portion of employer contributions can typically be divided. This is especially important in a divorce setting—unvested amounts usually stay with the employee spouse and are not included in the QDRO award.
Before drafting your QDRO, request the participant’s most recent vesting schedule and breakdown of account types. This ensures you’re not awarding money in your court order that doesn’t legally exist.

