Employee and Employer Contributions
Both employee deferrals and employer profit-sharing contributions may be included in the account balance. However, employer contributions are often subject to vesting. That means your spouse may not immediately own all of it. We ask for a detailed breakdown of the account at the date of divorce to separate what’s fully vested from what’s not.
If your spouse is not fully vested, the QDRO should make it clear how to treat unvested funds. Otherwise, you could end up with a lot less than expected if a portion is forfeited later.

