Employee and Employer Contributions
One of the most common QDRO mistakes is failing to account for the different sources of contributions. In the Oiwk 401(k) Profit Sharing Plan, the account may include:
- Employee salary deferrals (pre-tax or Roth)
- Employer matching or profit-sharing contributions
When dividing the plan, a QDRO must clearly state how to handle each type. Typically, orders divide the total account as of a specific date-of-division, but you may want to include or exclude certain sources—for example, only dividing employee contributions. The QDRO needs to be tailored to match what you and your spouse agreed on in your marital settlement or divorce judgment.

