Employee and Employer Contributions
401(k) plans usually include both an employee deferral component and a potential employer match or profit-sharing contribution. During the QDRO drafting, it’s crucial to make clear whether the alternate payee is receiving a percentage of the entire account or only the vested amount. Most QDROs allow division by a dollar amount or a percentage as of a specific date, often the date of divorce or separation.
In the case of the Americase LLC 401(k) Profit Sharing Plan and Trust, both employee contributions and any employer-funded profit share must be accounted for. If the participant is not fully vested, the non-employee spouse may not be entitled to the unvested portion of the employer contributions unless specified differently in the decree or plan provisions.

