Employee and Employer Contributions
401(k) accounts often include both employee and employer contributions. When drafting a QDRO for the Atkinson Candy Company 401(k) Profit Sharing Plan, one of the first decisions is whether the alternate payee (usually the non-employee spouse) will receive a portion of the entire account balance or just the marital portion. This decision impacts the percentage to be awarded and how earnings or losses are calculated.
Also, employer contributions may be subject to a vesting schedule, meaning the participant may not “own” all of the company match at the time of divorce. These unvested amounts generally are not divisible until vested, if at all.

