1. Dividing Employee and Employer Contributions
The participant’s account in this plan likely includes both employee deferrals and employer profit-sharing contributions. Many plans allow division of all sources of funds, but some restrict division to only vested balances. Your QDRO should:
- Clearly state whether both employee and employer contributions are being divided
- Address whether only vested amounts as of the date of divorce or order are included
- Provide the correct division method—flat dollar amount or percentage

