Employee and Employer Contribution Division
401(k) plans typically include both employee salary deferrals and employer matching or profit-sharing contributions. When dividing the Ays Staffing Inc. 401(k) Profit Sharing Plan & Trust, the QDRO should specify:
- Whether only the marital portion (contributions and earnings during marriage) will be divided, or the entire account
- How pre-marital or post-separation contributions will be handled
- How to address employer contributions that may not yet be vested

