1. Dividing Employer and Employee Contributions
The Carr’s Tree Service, Inc.. 401(k) Plan will likely include both employee contributions (e.g., elective deferrals from the employee’s paycheck) and employer contributions (e.g., match or profit-sharing). The QDRO must clearly state whether the alternate payee is receiving a share of:
- Just employee contributions
- Employee plus employer contributions
If only marital or community property is being divided, the QDRO should limit the division to contributions made during the marriage.

