Employee vs. Employer Contributions
With 401(k) profit sharing plans like this one, it’s common to see both employee contributions (from the wages of the participant) and employer contributions (based on profits or formulas). One of the first things to determine in the QDRO is whether the alternate payee (usually the non-employee spouse) will receive a share of:
- Only employee contributions
- Only employer contributions
- Both types of contributions
Your divorce agreement should clearly define this. However, it’s vital that the language in the divorce judgment matches what can be enforced through the QDRO. We often find inconsistencies here, which can delay the process or affect what one spouse receives.

