1. Employee and Employer Contributions
This plan is a profit-sharing 401(k), which likely includes both employee salary deferrals and employer-matching contributions. Your QDRO needs to specify whether the alternate payee (usually the non-employee spouse) is entitled to:
- Just the employee’s contributions
- Both employee and employer contributions
- Only the marital portion (determined by contributions made during the marriage)
This kind of clarity is critical to prevent delays or disputes with the plan administrator.

