Employee and Employer Contributions
The Home Buys LLC 401(k) Profit Sharing Plan & Trust likely includes both employee and employer contributions. Be careful: employer contributions may be subject to a vesting schedule. If your spouse hasn’t worked at Home buys LLC 401(k) profit sharing plan & trust long enough to vest fully, you may not be entitled to the entire employer portion.
A well-drafted QDRO should address whether it divides:
- The total balance including vested and unvested amounts
- Only what was vested as of the date of divorce or date of division
You should also decide whether to divide by a specific percentage or dollar amount as of a certain date, and whether investment gains or losses should be included from that date forward.

