Employee and Employer Contributions
401(k) profit sharing plans usually consist of two primary sources of contributions:
- Employee Deferrals (Traditional or Roth): These are amounts the employee has chosen to set aside from their paycheck.
- Employer Matching or Profit Sharing Contributions: These are contributions made by the employer, which may be subject to a vesting schedule.
When drafting your QDRO, it’s important to distinguish these sources. You can split the account using a flat dollar amount, a percentage of the balance as of a specific date (such as the date of divorce), or by another rational method. Watch out for unvested employer contributions—those may not be part of the divisible amount unless they later vest and are awarded as part of the QDRO.

