1. Employee Contributions vs. Employer Contributions
401(k) accounts like the Vts Industries Inc. 401(k) Profit Sharing Plan & Trust may involve both employee deferrals and employer profit-sharing contributions. Your QDRO should specify whether it divides only the account balance attributable to the participant’s contributions, or also includes vested employer contributions.
Employer contributions are often subject to a vesting schedule, meaning they only become the employee’s property after a certain period of service. Unvested amounts cannot be divided. Your attorney should review the most recent account statement and plan documents to confirm what portion is actually divisible.

