1. Employee vs. Employer Contributions
When splitting the Tricircle Pavers, Inc.. 401(k) Profit Sharing Plan & Trust, you need to decide whether you’re dividing just the participant’s own contributions or also the employer’s profit-sharing contributions. The QDRO must specify this clearly.
Also, keep in mind whether employer contributions are fully vested. If there’s a vesting schedule in place, the alternate payee may not be entitled to the entire account balance, especially if the employee hasn’t been with the company long enough to qualify for full vesting.

