1. Employee vs. Employer Contributions
The account may contain both employee deferrals and employer profit-sharing contributions. A QDRO must specify whether the alternate payee (typically the former spouse) is entitled to both types, and in what proportion. For example:
- Employee contributions are fully vested and easier to divide.
- Employer contributions may be subject to a vesting schedule. The alternate payee may only be entitled to the vested portion as of the divorce date or the QDRO’s date.

