Employee and Employer Contributions
401(k) plans often contain both employee deferrals and matching employer contributions. When dividing the Oc Concrete LLC 401(k) Profit Sharing Plan & Trust, it’s important to account for:
- Total vested account balance as of the cutoff date (separation, petition, or judgment).
- How the plan allocates profit sharing or discretionary match amounts.
A typical QDRO might say the spouse receives 50% of the vested balance as of a particular date, plus investment gains or losses until distribution.

