1. Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions. When drafting the QDRO for the Training and Research Foundation 401(k) Profit Sharing Plan (restated Money Purchase Pension Plan), it’s important to specify whether the award includes:
- Only the employee’s contributions (including their investment gains/losses)
- Employee and vested employer contributions
If employer contributions are not fully vested, the unvested portion may be forfeited after the divorce, so your QDRO should deal with this possibility clearly.

