1. Dividing Employee and Employer Contributions
In 401(k)-type plans like The Durham Manufacturing Company Profit Sharing and 401(k) Plan, both employee deferrals and employer contributions can be included in the divisible balance. Your QDRO must clearly indicate whether the alternate payee is receiving a share of:
- Employee (participant’s) pre-tax contributions
- Any Roth (after-tax) contributions
- Employer matching or profit-sharing contributions—vested only
Employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, the alternate payee may receive a reduced share or nothing from this portion. The QDRO should fix the division date to prevent ambiguity later.

