Employee and Employer Contributions
Most 401(k) plans, including the Payrhealth LLC 401(k) Profit Sharing Plan & Trust, contain both employee deferrals and employer profit-sharing contributions. A well-drafted QDRO should clearly state:
- Whether the alternate payee is receiving a portion of just the employee contributions, or both employee and employer funds
- If the division is based on a fixed dollar amount or a marital coverture formula (percentage of account accrued during the marriage)
This matters, especially if part of the account balance accrued before or after the marriage.

