Employee and Employer Contributions
The Alta Planning + Design, Inc.. 401(k) Profit Sharing Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Employer contributions may be subject to a vesting schedule, which can add complexity. When drafting the QDRO, we need to specify:
- Whether the alternate payee (usually the non-employee spouse) is awarded a percentage or fixed amount
- If the award applies only to the marital portion of employee contributions or includes employer contributions
- How to handle earnings and losses from the date of division
Because employer contributions may not be fully vested at the time of divorce, your award might be affected. It’s essential to understand what portion of the account is considered “marital” and what is subject to the participant’s vesting schedule.

