Employee and Employer Contributions
Many overlook that 401(k) balances may include both employee salary deferrals and employer matching or profit-sharing contributions. In the Medminder Systems Inc. 401(k) Profit Sharing Plan & Trust, it’s likely that both are used. While employee contributions are always the participant’s money, employer contributions can come with a vesting schedule. Only the vested portion may be divided in a QDRO.
QDRO language should specify whether the alternate payee is awarded a fixed dollar amount, a percentage of the vested balance, or a percentage of the entire account as of a certain date.

