1. Differentiating Employer and Employee Contributions
In 401(k) plans like the Herdt Consulting, Inc.. 401(k) Profit Sharing Plan, the account may contain various types of contributions:
- Pre-tax employee deferrals
- Roth employee deferrals (after-tax)
- Employer matching or profit sharing contributions
Your QDRO needs to identify whether the division includes all sources of funds or only specific ones. Courts sometimes order a 50/50 split of the entire balance as of the date of divorce. But if there are unvested employer contributions, the alternate payee may not be entitled to those amounts. That’s why knowing the vesting schedule is critical.

