1. Employee Contributions vs. Employer Contributions
The plan likely includes both employee deferrals and employer matching or profit-sharing contributions. When dividing the account, it’s critical to specify whether the alternate payee is receiving a portion of:
- Only employee contributions (typically fully vested)
- Employer contributions (which may be subject to a vesting schedule)
- Both types of contributions
Your QDRO must be specific about which portion is being awarded, especially if the employee’s service period affects what’s actually available.

