Employee vs. Employer Contributions
In a 401(k) plan like the Highland Park Market, Inc.. 401(k) Profit Sharing Plan, funds usually come from both the employee’s salary deferrals and employer contributions. When writing the QDRO, it’s critical to state whether the division includes:
- Only the employee’s contributions, or
- Both employee and employer contributions, including profit-sharing or matching amounts
Generally, any contributions made during the marriage (before separation or divorce date, depending on your state) are considered marital and are subject to division. But keep in mind, employer contributions may be subject to a vesting schedule—so let’s talk about that.

