Employee vs. Employer Contributions
The Chillco, Inc. 401(k) Plan likely consists of both employee salary deferrals and employer matching or profit-sharing contributions. Your QDRO must specify whether the alternate payee is receiving a portion of:
- All account balances (including employer contributions), or
- Only employee contributions made during the marriage
It’s important to determine which contributions are marital and which are separate property. Employer contributions may also be subject to a vesting schedule, which brings us to the next issue.

