Employee vs. Employer Contributions
401(k) plans like this often contain both employee contributions (salary deferrals) and employer profit-sharing contributions. When dividing the plan, it’s important to specify how each portion should be treated. For example, the QDRO might grant the alternate payee (the ex-spouse) 50% of all vested contributions as of the date of separation or judgment. However, employer contributions may be subject to a vesting schedule, which can complicate matters.

