Employee Contributions vs. Employer Profit-Sharing Matches
The Kaysun Corporation 401(k) Profit Sharing Plan most likely allows employees to contribute pre-tax (traditional) or post-tax (Roth) dollars. In addition, the employer may provide profit-sharing contributions.
In your QDRO, it’s important to clarify whether the alternate payee will receive a portion of:
- The total account balance (including employee and employer contributions)
- Only the marital share (i.e., what’s been accumulated during the marriage)
- Only vested account contributions
Employer profit-sharing contributions may be subject to a vesting schedule. The alternate payee cannot claim amounts that the employee was not vested in as of the date of divorce or division.

