Employee and Employer Contributions
In most 401(k) plans, both the employee and employer can contribute. When dividing the Mccuen Construction, Inc.. 401(k) Profit Sharing Plan, your QDRO must clearly state whether it includes:
- Only the employee’s contributions (plus earnings)
- Both employee and employer contributions
Many agreements divide the “total account balance”—which includes both types. But if the employer contributions are not vested, that portion won’t be paid to the alternate payee. That’s why accurate language is so critical.

