1. Employee and Employer Contributions
401(k) plans typically include employee salary deferrals and employer matching or profit-sharing contributions. Only amounts earned during the marriage—and prior to the separation date—are usually subject to division, but employer contributions can have vesting schedules that reduce what’s actually divisible.
When drafting a QDRO for the Blackstone Audio 401(k) Profit Sharing Plan, you’ll need to consider:
- Whether employer contributions are fully vested or subject to vesting
- What portions of the plan balance are marital versus separate property
- How to divide shares, accounting for pre- and post-marital accruals

