Identifying the Types of Contributions
Because this is a profit sharing and salary deferral plan — which typically means it’s structured like a 401(k) — the account may include the following components:
- Employee Contributions: Pre-tax traditional deferrals and/or Roth contributions made by the employee
- Employer Contributions: Profit-sharing contributions (which may be subject to vesting)
The QDRO must address each of these account types separately if they are maintained in different sub-accounts. For example, if the participant has both a Roth and traditional balance, the order should specify how each is divided to avoid processing delays or errors.

