1. Dividing Employee vs. Employer Contributions
When preparing a QDRO for the Aiw, Inc.. Profit Sharing 401(k) Plan, it’s vital to distinguish between what the employee contributed and what the employer matched. A common pitfall in dividing retirement accounts is assuming the entire balance is divisible. But employer contributions may be subject to a vesting schedule.
If the participant hasn’t worked at Aiw, Inc.. profit sharing 401(k) plan long enough, some employer contributions may not be vested and therefore not transferrable to the alternate payee (typically the former spouse). The QDRO should specify whether it includes only vested amounts as of the date of divorce, or whether future vesting is considered.

