1. Division of Employee and Employer Contributions
Participants may have both employee and employer contributions in their 401(k) accounts. In the Aviation West Charters 401(k) Plan, these contributions likely grow over time through investment gains or losses. The QDRO must clearly state whether the alternate payee will receive a percentage or dollar amount from:
- Employee deferrals (pre-tax or Roth)
- Employer matching or profit-sharing contributions
It’s also important to specify whether the division should include only vested amounts or all contributions, regardless of vesting.

