1. Dividing Employee and Employer Contributions
The Ward Transport & Logistics Corp.. 401(k) Profit Sharing Plan will include both employee salary deferrals and employer contributions. A QDRO must specify whether the alternate payee is receiving a portion of:
- Just the employee’s contributions
- Employee plus all or some of the employer’s contributions
Employer contributions may be subject to a vesting schedule. If they aren’t fully vested at the time of divorce, the unvested portion may be forfeited—and the alternate payee can’t receive what the employee doesn’t own. This is one of the biggest areas of confusion in 401(k) splits, so getting clarification from the plan administrator is essential.

