Employee vs. Employer Contributions
One major factor in any QDRO for a 401(k) plan is how to treat employer contributions. In the Derma Med, LLC 401(k) Profit Sharing Plan, contributions could include both amounts contributed by the employee and those contributed by the employer. These employer contributions are often subject to a vesting schedule—meaning the employee might not have full ownership of all the funds depending on their years of service. A properly drafted QDRO will specify if the alternate payee receives a share of just the vested portion or some or all of the unvested portion, which may later become vested.

