1. Handling Employee vs. Employer Contributions
The Maxim Lighting International, Inc.. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer profit-sharing contributions. A well-drafted QDRO should specify whether the alternate payee is receiving a portion of:
- Only the participant’s contributions
- Or both employee and employer contributions
Many plans make employer contributions subject to a vesting schedule—so any unvested portion during the marriage may not be divisible. We always verify this before finalizing the QDRO draft.

