Employee and Employer Contributions
With a 401(k) like the Afmv 401(k) Profit Sharing Plan, both the employee and the employer may contribute. In most QDROs, the alternative payee is awarded a share of the entire vested account—even if it includes both employee and employer contributions. However, plan rules determine how unvested employer contributions are handled.
Make sure the QDRO accounts for:
- The cut-off or “valuation date” (e.g. date of separation or divorce)
- Vested vs. unvested employer contributions
- Division method (percentage, dollar amount, or formula)

