Employee and Employer Contributions
The Cultural Resource Analysts, Inc.. 401(k) Profit Sharing Plan likely includes:
- Employee deferrals, which may be pre-tax (traditional) or after-tax (Roth)
- Employer contributions, such as profit-sharing or matching funds
A QDRO must state how these contributions are to be divided. Most often, we use a percentage (e.g., 50%) of the marital portion—that is, the amount contributed between the date of marriage and the date of separation or divorce. It’s important to specify whether both employee and employer contributions are included.
Some employer contributions may not be fully vested. This leads us to the next issue.

