1. Employee vs. Employer Contributions
401(k) plans include both employee deferrals (what the employee contributed from their paycheck) and employer contributions (like matching or profit-sharing amounts). In your QDRO, it’s essential to:
- Specify whether the alternate payee is receiving a share of all plan sources or just certain funds (e.g., just the employee contributions).
- Identify any contributions made after separation that should be excluded or included.
The Sciaps Inc. 401(k) Profit Sharing Plan & Trust is likely to include profit-sharing and elective deferral components. The language of your QDRO must address those distinctions clearly.

