Employee and Employer Contributions
401(k) profit sharing plans generally include two sources of contributions:
- Employee Deferrals: These are fully vested and should always be included in the QDRO division.
- Employer Contributions: These may be subject to a vesting schedule, meaning only a portion could be available for division depending on how long the participant worked for the company.
In many QDROs, the alternate payee receives 50% of the marital portion. But determining what counts as the “marital portion” takes some work, especially when some contributions are unvested or were made before or after the marriage.

