Employee and Employer Contributions
This plan is a 401(k) with a profit-sharing component, meaning both employee deferrals and employer contributions may be included. It’s important to determine:
- Whether employer contributions are fully vested or partially forfeitable
- The value of all relevant sub-accounts (pre-tax, Roth, profit sharing)
- If nonvested portions should be included in the alternate payee’s award or excluded
A well-crafted QDRO can address the vesting schedule by awarding a percentage of just the vested balance, or detailing how future vesting could be allocated later on.

