Employee and Employer Contributions Must Be Handled Separately
With 401(k) plans like the Green Products Company Profit Sharing 401(k) Plan, participants typically receive both employee salary deferrals and matching or profit-sharing contributions from the employer. A common QDRO mistake is failing to clarify whether the alternate payee (usually the ex-spouse) is entitled to a portion of just the employee contributions, just the employer contributions, or both.
At PeacockQDROs, we always recommend specifying that the alternate payee receive a percentage of the participant’s total account balance, including vested employer contributions, as of a specific assignment date—often the divorce date or another relevant date used in the marital settlement agreement.

