Employee and Employer Contributions
The Moss Creek Owners Association 401(k) Profit Sharing Plan & Trust likely includes both employee deferrals and employer profit-sharing contributions. It’s critical to specify in the QDRO whether the division includes:
- Only the employee’s contributions
- Both employee and employer contributions
- Only vested portions of employer contributions
Unvested portions usually stay with the employee unless otherwise agreed upon. If the employer offers a vesting schedule, only the vested portion at the time of divorce can be allocated to the alternate payee.

