1. Dividing Employee vs. Employer Contributions
This plan is a 401(k) with a profit sharing component—meaning both employee deferrals and employer contributions are potentially in the mix. In the QDRO, it’s important to specify whether the division covers:
- Only employee contributions
- Only employer contributions (subject to vesting)
- Or all account balances, regardless of source
In most divorces, we recommend including all contributions, unless the parties clearly intend otherwise. We’ll help you define terms explicitly so there’s no confusion for the plan administrator.

