1. Dividing Employee vs. Employer Contributions
In the West Construction Inc. 401(k) Profit Sharing Plan & Trust, contributions often come from both the employee and the employer. The QDRO needs to specify whether the alternate payee gets a share of:
- The total account balance accumulated during the marriage, or
- Only the employee’s contributions (excluding any unvested employer money)
It’s common to divide just the marital portion. Make sure the QDRO addresses the dates of marriage and separation clearly to avoid disputes.

