Employee and Employer Contributions
The Pacific Fence & Wire Co.. Profit Sharing Plan likely includes both employee contributions and profit-based employer contributions. In a divorce, the participant’s vested account balance—including both sources—can be divided, but only the vested portion is available to the alternate payee.
If the employer contribution hasn’t fully vested yet, we can draft the QDRO to award the same percentage of whatever vests later, or lock in only what’s currently vested. That’s a decision you and your attorney must make based on negotiation or judgment terms.

