1. Employee and Employer Contribution Division
This plan likely includes both employee salary deferral contributions and employer profit-sharing contributions. Under a QDRO, either or both of these can be divided. However, only the portion that has vested as of the date of division is typically available to the alternate payee.
If the participant is not fully vested in employer contributions, the QDRO must make that clear. Any unvested portion could be forfeited later if the participant terminates employment before meeting the plan’s vesting schedule.

