1. Employee and Employer Contributions
401(k) plans often include a mix of employee deferrals and employer matching or profit-sharing contributions. It’s important to specify in the QDRO whether both types of contributions should be divided. In many cases, only the portions contributed—and vested—during the marriage are subject to division.
If the participant (your spouse or ex-spouse) received employer contributions under the Pacesetter Claims Service, Inc.. 401(k) Profit Sharing Plan and Trust, your QDRO must clarify which part is marital property and how to divide that properly.

