1. Employee vs. Employer Contributions
The first issue in dividing this plan is separating employee contributions from employer profit-sharing contributions. Depending on your settlement terms, the former spouse may be entitled to only marital contributions, or only certain portions such as vested employer matches.
It’s important that your QDRO clearly states what percentages or portions of each contribution type are being divided. Incorrect or vague wording can lead to processing delays or plan rejection.

