Employee and Employer Contributions
In a 401(k) like the James River Air Conditioning Company 401(k) Profit Sharing Plan, your divorce could involve both employee (voluntary) and employer (company match or profit sharing) contributions. The QDRO must specify whether you’re dividing:
- Just the employee contributions
- Both employee and employer contributions
- Only the marital portion (i.e., contributions made during the marriage)
Be mindful: employer contributions may be subject to a vesting schedule, which affects how much the employee spouse actually owns at a given time.

