Employee and Employer Contributions
Not all contributions to a profit sharing plan belong to the employee at the time of divorce. Employer contributions can have complex rules attached. For instance, if a spouse has worked fewer years, part—or all—of the employer contributions might be forfeitable due to vesting schedules. Your QDRO needs to make clear whether the alternate payee will receive a share of the total account, only vested portions, or some hybrid approach based on a specified valuation date.
Also important: employer contributions might continue after separation but before the account is officially divided. Make sure your QDRO clearly defines how those future contributions are treated.

