Employee and Employer Contributions
In most QDROs for 401(k) plans, the marital portion of employee deferrals and employer contributions are divided based on a time-rule formula or straight percentage. It’s important to specify not just the percentage or timeframe, but also whether the QDRO includes:
- Pre-marital contributions
- Post-separation contributions
- Gains and losses on both employee and employer contributions
Because this plan includes profit sharing, the employer contributions may vary year to year. A well-drafted QDRO must account for any vested and non-vested balances.

