Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. These should be addressed separately in the QDRO—especially because employer contributions may be subject to vesting schedules, which affect what percentage the non-employee spouse can receive.
It’s essential to clearly state whether the award includes only vested amounts, or includes amounts that vest in the future. Failing to specify this could lead the plan administrator to reduce or deny the alternate payee’s share based on vesting.

