1. Contributions by the Employee and Employer
401(k) plans like the Leatherbys Family Creamery Inc. 401(k) Profit Sharing Plan typically include contributions by both the employee and employer. It’s important to distinguish between amounts the employee directly contributed (via payroll deductions) and any matching or profit-sharing contributions made by the employer.
A QDRO can divide just the marital portion of these contributions—usually defined as the amount accrued during the marriage. If an employee was enrolled in the plan before the marriage or continued contributing after separation, those portions may be excluded in some states.

