Employee vs. Employer Contributions
This plan likely includes both employee salary deferrals and employer profit-sharing contributions. A QDRO must clarify whether the alternate payee is receiving a portion of:
- Only employee contributions
- Only vested employer contributions
- Or a combination of both
Be aware that employer contributions might be subject to a vesting schedule. If the participant is not fully vested at the time of divorce, the alternate payee may only receive the vested percentage. This could significantly affect the value of the account division.

