Employee and Employer Contributions
This plan includes both employee deferrals and employer profit-sharing contributions. In a divorce setting, it’s important to define whether the QDRO will apply to:
- All contributions made during the marriage
- Only employee deferrals
- Only vested employer contributions
401(k) profit sharing plans often include complex formulas for employer contributions. Every QDRO should specify exactly which portions of the account the alternate payee is entitled to receive.

