Handling Employee and Employer Contributions
One of the common mistakes in QDROs is failing to distinguish between types of contributions. Most 401(k) plans, including the Kaishan Compressor (usa) LLC 401(k) Plan, include:
- Employee salary deferrals (elective contributions)
- Employer matching contributions
- Profit-sharing or discretionary employer contributions
The alternate payee (usually the ex-spouse) is only entitled to the portion of the account that’s been agreed upon or ordered by the court. That can include or exclude employer contributions, depending on the plan’s vesting rules at the date of division.

