1. Contribution Types: Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. In this case, the participant may have contributed a portion of their own paycheck to the plan, and the employer— Behavior and education Inc. 401(k) profit sharing plan & trust —may have matched that contribution or added profit-sharing funds.
When drafting a QDRO, it’s essential to clarify:
- Whether the division includes both employee and employer contributions
- Which contributions are vested and therefore eligible for division
- How gains and losses are treated from the date of division to the date of distribution

