Dividing Employee and Employer Contributions
In a 401(k) like the Illini State Trucking Co. 401(k) Profit Sharing Plan and Trust, contributions generally come from both the employee and the employer. The QDRO should clearly define whether the alternate payee (usually the ex-spouse) receives a percentage of the account balance derived from:
- Only employee contributions
- Employer matching or profit-sharing contributions
- All vested funds as of a certain valuation date
This distinction becomes important if some of the employer funds aren’t vested at the time of divorce.

