Employee and Employer Contributions
The most important distinction in plans like this is whether the contributions are employee deferrals or employer profit-sharing contributions. Employee contributions are almost always 100% vested right away, but employer contributions may be subject to a vesting schedule.
When drafting a QDRO for the Cinder Bar at Cross Keys LLC 401(k) Profit Sharing Plan & Trust, make sure to:
- Specify whether only vested benefits should be divided
- Include clear language on how to treat any post-divorce contributions

