1. Employee vs. Employer Contributions
The Wayne Pipe and Supply, Inc.. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer contributions. While employee contributions are fully owned by the participant from day one, employer contributions may be subject to a vesting schedule.
This means that if your spouse hasn’t worked at Wayne pipe and supply, Inc.. 401(k) profit sharing plan for long enough, not all employer contributions may be divisible. Your QDRO must account for this distinction and clearly state what percentage or dollar amount applies only to the vested portion of the account.

