Employee vs. Employer Contributions
This 401(k) profit sharing plan likely includes both employee deferrals and employer contributions. When drafting a QDRO, make sure it clearly states whether the alternate payee is receiving:
- A percentage or dollar amount of the total plan balance, or
- Only the employee-contributed portion, or
- Both employee and employer contributions, depending on the vesting status
Failure to distinguish between these can result in underpayment or denial by the plan administrator.

