Employee and Employer Contributions
401(k) plans typically consist of both employee salary deferrals and employer contributions such as matches or profit-sharing. In your QDRO for the Acme Press, Inc.. 401(k) Profit Sharing Plan, you must specify whether the alternate payee is entitled to:
- The entire balance accrued during the marriage
- Only the employee’s deferrals
- A portion or all of the employer contributions
In many cases, contributions made before the date of marriage or after the date of separation are excluded, but this can vary depending on your state’s marital property laws and your settlement.

