Division of Contributions
In a profit sharing/401(k) plan, the account may hold both employee contributions—money the participant put in—and employer contributions made on the employee’s behalf. These must be divided carefully in a QDRO, and parties should decide whether to:
- Assign a percentage of the total vested balance as of a specific date (usually the date of separation or divorce)
- Divide only the employee contributions (often easier if limited records are available)
- Include investment gains or losses from the date of division to payout
Employer contributions may be subject to a vesting schedule. Only the vested portion is transferable through a QDRO. If the participant is not fully vested, the alternate payee is limited to the vested amount.

