1. Employee Contributions vs. Employer Contributions
One of the first issues we address in QDRO drafting for the Rims Usa LLC 401(k) Profit Sharing Plan and Trust is how to treat employee deferrals versus employer contributions:
- Employee contributions are fully vested and divisible
- Employer contributions may be subject to a vesting schedule
If the employee spouse hasn’t worked at Rims usa LLC (401)(k) profit sharing plan and trust long enough to become 100% vested in their employer contributions, only the vested portion will be divided. The unvested portion is typically forfeited back to the plan if the employee leaves the company.

