Employee and Employer Contributions
The Aaa Pharmaceutical Inc. 401(k) Profit Sharing Plan & Trust likely includes both employee elective deferrals and employer contributions. In divorce, the QDRO must clearly define whether both types are being divided—not just the 401(k) portion the employee actively contributed to. Most plans allow you to divide:
- The full account balance as of a specific valuation date
- A flat dollar amount
- A percentage of the balance
Keep in mind that if employer contributions are not fully vested, the alternate payee may not be entitled to those funds.

