Dividing Employee and Employer Contributions
The Traco Manufacturing Inc. 401(k) Profit Sharing Plan likely includes employee deferrals—what the participant has contributed—and employer profit-sharing or matching contributions. A common mistake in 401(k) QDROs is failing to clearly state whether both types of contributions are to be divided.
A well-drafted QDRO should specify:
- The percentage or dollar amount to be assigned to the alternate payee
- Whether the division includes only vested balances or non-vested funds as well

