Employee and Employer Contributions
Because this is a profit sharing 401(k), both employee deferrals and employer contributions may be part of the total account. A clear QDRO must state whether the alternate payee is receiving a portion of:
- Only the employee-contributed funds
- Both employee and employer contributions
- Pre-tax (traditional) and Roth accounts
In many cases, the standard division is 50% of the marital portion (up to the date of separation or divorce), but this will depend on the terms of your settlement or judgment.

