1. Division of Employee and Employer Contributions
401(k) plans often include both employee salary deferrals and employer profit-sharing contributions. When drafting a QDRO for the Del Rio Country Club Profit Sharing 401(k) Plan, it’s important to decide whether to divide just the marital portion (usually contributions made and accrued during the marriage) or the entire balance.
Employer contributions may also be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, the alternate payee may receive a smaller share. Any unvested amounts that do not become vested before separation may be excluded from division.

