Separating Employee and Employer Contributions
The Mountain States Contracting in 401(k) Profit Sharing Plan & Trust likely includes both employee deferrals and employer profit-sharing contributions. In a QDRO, it’s critical to specify whether the alternate payee (usually the ex-spouse) is receiving a portion of just the employee contributions, just the employer contributions, or both. Courts often award a percentage of the entire balance accumulated during the marriage, but it must be clearly stated in the QDRO.

