Employee and Employer Contributions
In a 401(k) profit-sharing structure, both employees and the employer (Foam holdings, Inc.) may contribute to the account. When drafting a QDRO, it’s critical to specify whether the alternate payee is entitled to:
- A percentage of the total account balance
- Only the employee’s contributions
- Both employee and vested employer contributions
Unvested employer contributions may not be available to the alternate payee at the time of division, which brings us to another key factor—vesting.

