Employee vs. Employer Contributions
401(k) plans often include both employee salary deferrals and employer match or profit sharing contributions. In the case of the Ortec International Usa, Inc.. 401(k) Profit Sharing Plan, the QDRO must carefully account for:
- Whether the alternate payee (non-employee spouse) is entitled to a share of just the employee’s contributions, just the employer match, or both
- The valuation date for division—whether based on date of separation, judgment, or some other date
- Investment earnings or losses between the valuation date and distribution date

