Employee vs. Employer Contributions
One of the most overlooked areas in divorce QDROs for plans like the Middleton, Inc. 401(k) Profit Sharing Plan and Trust is the distinction between employee deferrals and employer profit-sharing contributions. The QDRO must clearly state whether the alternate payee is sharing in:
- All account balances (including employee and employer contributions)
- Only vested assets at the time of divorce
- Only employee deferrals (not employer contributions—common when there are vesting concerns)

