1. Employee and Employer Contributions
Many people don’t realize that a 401(k) generally includes both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). When drafting a QDRO for the Bioprocure, LLC 401(k) Profit Sharing Plan and Trust, it’s important to account for which contributions the participant actually owns at the time of divorce. Any unvested employer contributions should be excluded or clearly noted as contingent on future vesting.

