Employee and Employer Contributions
Since this is a profit-sharing 401(k) plan, both employee salary deferrals and employer contributions may be part of the account balance. A QDRO should specify whether the alternate payee (often the former spouse) is entitled to:
- Only the participant’s contributions
- Both participant and employer contributions
- Only the vested portion of the total balance
Employer contributions frequently come with a vesting schedule. If the participant is not fully vested at the time of divorce, the unvested portion may not be available for division. Be sure the QDRO clearly defines what portion is included.

