1. Employee vs. Employer Contributions
One of the first things a QDRO must address is whether it divides only employee contributions (which are always vested) or also includes employer contributions. In many profit-sharing 401(k) plans, employer contributions are subject to a vesting schedule. That means your spouse might have earned only a portion of the employer matching or profit-sharing bonus based on their years of service with Traverse city products, LLC 401(k) profit sharing plan.
Tip: Your QDRO should be clear whether the alternate payee is entitled to only vested amounts (as of the date of division) or a share that continues to grow according to ongoing vesting.

