1. Employee vs. Employer Contributions
The Pro-mark, LLC 401(k) Profit Sharing Plan likely includes both employee deferrals and employer contributions. QDROs can divide one, both, or a portion of each—but you’ll need clarity around who contributed what and whether the employer’s portion is vested.
Most employer contributions are subject to a vesting schedule. This means that not all the money is “yours” unless you’ve been with the company a certain number of years. The QDRO should only award the alternate payee the vested portion. The timing of the divorce can significantly impact what’s available for division.

