Employee vs. Employer Contributions
This plan, being a profit-sharing 401(k), likely includes both employee deferrals and employer contributions. The QDRO should clearly specify whether the division applies to:
- Employee contributions only
- Employer matching or profit-sharing contributions
- Or both
Get this wrong, and the alternate payee might end up with less—or more—than what was agreed in the divorce settlement. This is particularly important if contributions were made before the marriage, after separation, or after divorce. Precision matters.

