Employee vs. Employer Contributions
Like many 401(k) plans, the Custom Profile, LLC 401(k) Profit Sharing Plan likely includes both employee deferrals and employer contributions. A good QDRO should clearly state whether the division includes:
- Only the participant’s contributions
- Only the vested employer contributions
- Or both
Employer contributions are often subject to a vesting schedule, which means not all employer funds may belong to the employee at the time of divorce. Your QDRO must take this into account to avoid awarding non-vested funds that could be forfeited later.

