1. Employee vs. Employer Contributions
The Midlands Packaging Corp. 401(k) Profit Sharing Plan likely holds two types of contributions:
- Employee deferrals: Amounts the employee voluntarily set aside from paychecks
- Employer contributions: Profit-sharing deposits or matches provided by the employer
When drafting a QDRO, make sure it’s clear whether the alternate payee (usually the former spouse) is receiving a share of just the employee’s contributions, employer contributions, or both. This is especially important if some of the employer contributions are not yet vested.

