Employee and Employer Contributions
With 401(k) profit sharing plans, the account typically includes two main types of contributions—those made by the employee and those contributed by the employer. These two components may be treated differently in your QDRO, especially if the employer contributions are subject to a vesting schedule.
It’s critical to clarify the following in your QDRO:
- Whether the alternate payee is receiving a percentage or specific dollar amount
- Whether they are getting a share of just the vested portion or the entire account
- If future employer contributions earned before divorce filing should be excluded

