Employee and Employer Contributions
A major challenge in dividing the Black Gold Potato Sales, Inc.. 401(k) Profit Sharing Plan is accounting for both types of contributions:
- Employee deferrals are the amounts the plan participant voluntarily contributed from their paycheck.
- Employer profit-sharing contributions may have their own distribution and vesting rules, which can complicate division.
The QDRO must be structured to either divide just the marital portion or include all vested contributions accrued through the date of divorce, separation, or another agreed-upon date.

