1. Employer vs. Employee Contributions
The S3 Aerodefense, LLC 401(k) Profit Sharing Plan likely includes contributions from the employee and possibly from the employer. When dividing the plan, the QDRO should specify whether the alternate payee will receive a share of just the participant’s contributions or also the employer contributions.
In most cases, a marital share includes both—if they were contributed during the marriage. However, the employer’s contributions may be subject to a vesting schedule, which brings us to the next point.

