Employee and Employer Contributions
401(k) plans are made up of employee deferrals (pre-tax and/or Roth) and employer contributions such as profit-sharing or matching funds. When drafting a QDRO for the Aac Inc.. 401(k) Profit Sharing Plan, you need to determine whether:
- The division is based on the total account balance or only the portion contributed during the marriage
- Employer contributions are included—and if so, whether they have vested
- The split will follow a percentage (e.g., 50%) or fixed dollar amount

