1. Employee and Employer Contributions
Most participants in the Axcient 401(k) and Profit Sharing Plan will have both employee deferrals and employer contributions. In a divorce, a QDRO should clearly state:
- Whether the alternate payee (usually the ex-spouse) will receive a share of just the marital portion or the entire balance
- How to handle employer contributions—especially those subject to vesting schedules
Employer contributions that are not yet vested at the time of divorce may not be divisible or may be forfeited if the participant leaves the company before vesting. This is where timing can play a big role. If you’re not yet divorced, talk to your attorney about delaying the filing until the participant becomes fully vested, if that’s possible and beneficial.

