1. Dividing Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer contributions (such as matches or profit-sharing). When dividing the M Crowd Restaurant 401(k) Plan, the QDRO should specify whether the non-employee spouse (called the “alternate payee”) will receive a share of:
- Employee contributions only
- Employee and vested employer contributions
- Total account balance as of a specific date or a percentage allocation
Make sure that the order is clear about what’s included, especially since any unvested employer contributions at the time of divorce will likely not be available for division.

