Employee and Employer Contributions
The Mcswain Carpets 401(k) Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. When drafting your QDRO, be clear about whether the alternate payee should receive a portion of the entire account or only contributions from specific sources.
Some QDROs divide the “total account balance,” while others allocate only the marital component—which may require extensive historical data and tracing of pre-marital contributions.

