Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer matching or profit-sharing contributions. When dividing assets in the Preservation Management, Inc.. 401(k) Profit Sharing Plan, a QDRO can specify a proportional share or fixed dollar amount. Be aware of:
- Vested vs. unvested balances – The employee spouse may not have full ownership of all employer contributions at the time of divorce. The QDRO can be structured to either include or exclude unvested amounts.
- Division methods – Benefits can be divided by percentage (e.g., 50% of total vested balance), dollar amount, or date-specific balances (e.g., account balance as of the date of separation).

