1. Splitting Employee and Employer Contributions
This plan likely includes:
- Employee 401(k) deferrals: These are generally 100% vested and can usually be divided without restriction.
- Employer profit sharing contributions: These often follow a vesting schedule. Knowing what portion is vested at the time of divorce or date of division is essential.
In a QDRO, you can request a flat dollar amount, a percentage of the account, or a share as of a specific date. But the QDRO should state whether it’s coming only from vested funds or the full balance to avoid complications later.

