Employee vs. Employer Contributions
The Thompson & Litton 401(k) Profit Sharing Plan likely includes both employee salary deferrals and employer contributions. A QDRO must clearly specify how each will be divided. Many plans only permit division of vested benefits, which can significantly affect the alternate payee’s award.
For example, if an employee has not yet fulfilled the service requirements for full vesting, only a portion of the employer-matching contributions will be transferable. It’s also common for QDROs to divide only the marital portion—meaning the growth during the time of the marriage—so a tailored calculation is key.

