1. Contributions: Who Owns What?
The Profit Sharing Plan of Fairfield Homes, Inc.. may include both employee (participant) contributions and employer contributions. The QDRO must specify the percentage or dollar amount being allocated to the alternate payee. One key issue is whether the order should divide only contributions made during the marriage or the entire account as of a specific date.
Keep in mind that employer contributions are often subject to a vesting schedule. This means that if a participant leaves the company before becoming fully vested, some of the employer contributions may forfeit, and would therefore not be available to divide. The QDRO should clearly state whether it grants a share of only the vested portion or includes a formula dependent on final vesting status.

