1. Employee vs. Employer Contributions
The Lamacar, Inc.. 401(k) Plan likely includes both employee contributions (the portion deducted from wages) and employer contributions (matching or profit-sharing). It’s important to clarify in the QDRO whether:
- The alternate payee is receiving a portion of only the employee contributions
- The alternate payee is also entitled to a share of employer contributions
This is often based on what’s considered marital or community property under state law. If you’re in a community property state (like California), employer contributions earned during the marriage may be divided, even if they haven’t vested yet.

