Employee vs. Employer Contributions
QDROs for plans like the Kephart Architects, Inc.. 401(k) Profit Sharing Plan require clarity on what’s divisible. Employee contributions—those directly deducted from a paycheck—are almost always 100% vested. However, employer contributions (especially profit sharing and matching amounts) are often subject to a vesting schedule. Only the vested portion can be awarded to the non-employee spouse.
Be sure your QDRO specifies whether it’s dividing based on total account balance or just the vested portion, and whether it includes earnings and losses after the division date.

