Employee and Employer Contributions
This plan is a profit-sharing 401(k), which typically includes:
- Employee salary deferrals (pre-tax or Roth)
- Employer matching contributions
- Employer discretionary profit-sharing contributions
When dividing the account, it’s important to clarify whether the QDRO will split only the employee contributions or include employer contributions as well. Many parties agree to split the full balance, but that balance might include unvested employer amounts—see below for how that’s handled.

