Employee and Employer Contributions
401(k) plans typically include two types of money: employee contributions and employer contributions. In the 1st Light Sales Corp. 401(k) Profit Sharing Plan and Trust 3, the division of both types should be spelled out in the QDRO. If the divorce agreement specifies “50% of the marital portion,” the QDRO needs to define exactly what dates are used to calculate the marital portion.
Make sure to distinguish if the employer’s profit-sharing or matching contributions are fully vested. If the participant is not yet 100% vested in those employer funds, the alternate payee may only be entitled to a portion—or none—of that money.

