1. Employee vs. Employer Contributions
The plan likely includes both employee deferrals and employer profit-sharing contributions. Most QDROs divide the entire account balance accrued during the marriage. However, if there are unvested employer contributions at the time of divorce, they cannot be awarded to the non-employee spouse (Alternate Payee).
That’s why it’s important to understand how much of the account is vested and to include proper language in the QDRO acknowledging that division is limited to vested amounts only.

