Employee and Employer Contributions
In most cases, the QDRO will award the alternate payee a percentage or dollar amount of the “marital” portion of the account. That portion may include:
- Employee (participant) pre-tax contributions
- Employer matching or profit-sharing contributions, if vested
- Investment gains and losses from the date of marriage to date of division
For the Buzz Oates 401(k) Profit Sharing Plan, it’s crucial to know whether the employer contributions are fully vested. If not, the alternate payee cannot receive a portion of those funds unless and until the participant vests.

