Employee and Employer Contributions
The Clark Laboratories Inc.. 401(k) Profit Sharing Plan likely includes both employee and employer contributions. In most divorces, marital property includes both types of contributions accumulated during the marriage. However, employer contributions may be subject to a vesting schedule.
The QDRO should clearly state whether the alternate payee is entitled to only the vested portion or also to future vesting of employer contributions. This detail matters when negotiating the divorce settlement.

