Employee vs. Employer Contributions
This plan includes both employee salary deferrals and employer profit-sharing contributions. When dividing the Rock Hard Productions Inc. 401(k) Profit Sharing Plan & Trust, it’s important to specify whether the division includes only employee contributions (which are typically fully vested) or also employer contributions — which may be subject to a vesting schedule.
If your divorce agreement does not address this distinction, the QDRO may not properly reflect what you intended to divide. That’s why we suggest clearly identifying the types of contributions and specifying whether the order applies to the vested balance only or the account as of a particular date.

