1. Contributions: Employee vs. Employer
401(k) plans generally involve both employee salary deferrals and employer matching or profit-sharing contributions. In the case of the Cara Therapeutics 401(k)/profit Sharing Plan, both types may be present. A QDRO should clarify whether it applies to just the employee’s contributions, the employer’s contributions, or both.
For divorcing spouses, it’s crucial to ensure both categories of contributions are included in the QDRO language (if agreed to) so the alternate payee receives their fair share. Some employer contributions may be subject to a vesting schedule, which leads us to the next important area.

