1. Employee vs. Employer Contributions
With 401(k) plans like the Etactics Open Practice 401(k) Profit Sharing Plan, both the employee and the employer may contribute. Contributions from salary deferrals are always 100% vested. However, employer contributions may be subject to a vesting schedule. One common mistake is assuming the alternate payee can receive 50% of everything when only a portion may be vested at the time of divorce.
Tip: Make sure the QDRO only assigns the vested portion of employer contributions or explicitly lists the vesting percentage as of a certain date. Unvested funds will likely revert to the plan participant or be forfeited.

