1. Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. In a divorce, both sources of funds are usually marital property if contributed during the marriage. However, employer contributions may be subject to vesting schedules, and unvested amounts might not be divisible.
When preparing a QDRO for the Rands Trucking, Inc.. 401(k) Profit Sharing Plan, it’s critical to:
- Clarify whether the alternate payee (non-employee spouse) is to receive a share of both employee and employer contributions.
- State whether unvested employer contributions should be included, acknowledging that only vested amounts are transferable.

