Employee and Employer Contributions
In most 401(k) plans, including the Elmer Candy Corporation 401(k) Plan, the participant contributes pre-tax or Roth after-tax dollars. The employer may also contribute through match or profit-sharing. For divorce settlements, it’s important to clearly specify how both types of contributions are to be divided:
- Are only the employee’s contributions being split or both employee and employer contributions?
- What happens to non-vested employer contributions?
- Will gains and losses be included up to the date of distribution?
The QDRO should state whether the alternate payee receives a percentage of the total account or a specific dollar amount. Percentage-based awards are typically preferred because they automatically include market fluctuations.

