Employee and Employer Contributions
In a 401(k) like the Woods Supermarket, Inc.. 401(k) Profit Sharing Plan, both the employee and the employer make contributions. When dividing the plan, the QDRO can limit the award to:
- Only the employee’s contributions (plus earnings/losses)
- Both employee and employer contributions (subject to vesting)
- A percentage of the account as of a specific date—commonly the date of separation or divorce
It’s important to clarify what’s included to avoid disputes or rejection by the plan administrator.

