Employee and Employer Contributions
The Dane Manufacturing Company 401(k) Plan likely includes both employee contributions and employer matching or profit-sharing. A common QDRO mistake is assuming the entire account is available for distribution. However, only the vested portion of the employer contribution is legally divisible.
The QDRO should specify how to divide:
- Employee contributions (typically fully vested immediately)
- Employer contributions (subject to a vesting schedule)
- Investment gains or losses from the date of division to the date of distribution

