1. Dividing Employee vs. Employer Contributions
Most 401(k) plans include money that the employee (participant) contributed and, separately, contributions made by the employer. The Hmb Legal Counsel 401(k) Profit Sharing Plan likely has a profit sharing component through employer funding.
In a QDRO, you must decide whether to divide:
- Only employee contributions
- All vested employer contributions as of the cutoff date
- Both employee and employer contributions, regardless of vesting
If the plan uses a vesting schedule, then only the vested portion of employer contributions as of the date of division is typically available to the alternate payee.

