1. Employee and Employer Contributions
401(k) profit-sharing plans like this one often include more than just salary deferrals. Employer contributions may also be added to the participant’s account based on profitability or matching formulas. When drafting a QDRO, it’s critical to specify whether the alternate payee (the spouse receiving a share) is entitled to only the marital portion of employee contributions, or also to vested and/or unvested employer contributions.
You also need to pay close attention to how the marital portion is calculated—whether it’s based on a specific coverture formula or a fixed dollar amount. These finer details can significantly impact how much the alternate payee actually receives.

