1. Employee and Employer Contributions
In the Gourmet Foods International 401(k) Profit Sharing Plan, employees may have contributed pre-tax or Roth (post-tax) dollars. But there’s also a likely employer profit-sharing component. It’s crucial to separate the two during division. Employer contributions may be subject to vesting rules—meaning a spouse may not be entitled to the entire balance shown if some employer funds aren’t fully vested yet.
Be specific in your QDRO language. Clarify whether you’re dividing:
- Employee contributions only
- Employer contributions (only if vested)
- Total account balance (check if any of it is non-marital or excluded)

