Employee and Employer Contributions
401(k) plans include employee deferrals (contributions made from salary) and often employer matching or discretionary profit-sharing contributions. It’s important to specify which parts of the account the alternate payee is entitled to receive.
Many plans—including those like the Umongous Inc. 401(k) Profit Sharing Plan & Trust—track these contributions separately. Some may limit distributions to vested amounts only, especially for employer contributions. It’s critical to determine:
- How much of the employer match has vested
- Whether unvested amounts should revert or be preserved for future vesting
- Whether the QDRO should include future contributions after the divorce date

