Employee vs. Employer Contributions
The Hilde Companies Profit Sharing and 401(k) Savings Plan likely includes both employee and matching (employer) contributions. The QDRO must clearly state whether it divides only employee contributions, or includes employer contributions as well.
Most QDROs divide the total account balance accrued during the marriage. This may include all vested portions, but unvested employer contributions may not be eligible for division depending on the plan’s rules. It’s critical to request a participant statement and the Summary Plan Description to determine what’s available for division.

