Dividing Employee and Employer Contributions
The Arley Wholesale, Inc.. 401(k) Profit Sharing Plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. Your QDRO needs to clearly distinguish between these sources:
- Include the total amount to be divided—both employee and vested employer contributions
- Specify whether the division is a fixed dollar amount or percentage
- Make sure it’s clear if you’re including pre-marital balances, post-separation earnings, or only the community/marital portion

