Employee and Employer Contributions
The plan likely includes both employee contributions (made by the plan participant) and employer matching or profit-sharing contributions. These components are usually accounted for separately and may have different rules for distribution.
When drafting the QDRO, it’s important to clearly state whether the alternate payee (usually the former spouse) is receiving a percentage of the total account balance, or only of the vested portion. Employer contributions may be subject to vesting schedules, which affects how much the non-employee spouse is entitled to receive.

