1. Employee and Employer Contribution Divisions
For any 401(k), the account contains two main types of contributions: those from the employee and those from the employer (often a matching or profit-sharing component). When drafting a QDRO for the Post Alarm Systems 401(k) Profit Sharing Plan, you and your attorney need to decide how to divide:
- Employee contributions made during the marriage
- Employer contributions that may or may not be vested
It’s common for QDROs to award the alternate payee a portion of the account based on the balance as of the date of divorce, plus or minus gains and losses to the date of distribution. If only marital contributions are being divided, make sure pre-marital and post-separation contributions are excluded through proper language in the QDRO.

