Employee Contributions vs. Employer Contributions
The Bently Enterprises, LLC Profit Sharing 401(k) Plan likely contains both employee deferrals and employer matching contributions. These components are treated differently in a QDRO. The order must be clear about whether the alternate payee (usually the ex-spouse) is entitled to:
- A percentage or specific dollar value of the participant’s total account
- Only the portion earned during the marriage period
- Only vested employer contributions
Employer contributions may have vesting schedules. The alternate payee is typically only entitled to vested balances.

