1. Employee vs. Employer Contributions
In a divorce, you can divide the entire account balance or limit it to just the marital portion. For the C & H Enterprises 401(k) Profit Sharing Plan and Trust, the account may be funded by both employee wage deferrals and employer profit-sharing contributions.
Profit-sharing and matching employer contributions may have a vesting schedule. Only the vested portion is divisible. It’s critical that your QDRO clearly states if the alternate payee will share in:
- Employee contributions (usually 100% vested)
- Employer contributions (may be partially vested or unvested)

