1. Dividing Both Employee and Employer Contributions
401(k) plans often consist of two primary components: what the employee contributes and what the employer contributes (as a match or profit-sharing deposit). The Chatsubo Holdings LLC 401(k) & Profit Sharing Plan likely includes both. Your QDRO needs to state whether the division applies to:
- Employee deferrals only
- Employer contributions (which may be partially or fully unvested)
- Or both types of funds
Your financial award may shrink if the employer contributions aren’t fully vested, so make sure vesting as of the date of distribution or marital separation is confirmed prior to drafting.

