Employee and Employer Contributions
Like many 401(k) plans, the Zachary Confections, Inc.. 401(k) Retirement Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. A properly drafted QDRO should specifically state whether the division applies to:
- Employee contributions only
- Employer contributions (vested amount only)
- Investment gains/losses through the date of distribution
This distinction can significantly affect what the alternate payee receives, especially if the participant’s employer has contributed large amounts or if there have been big swings in account value.

