1. Employee vs. Employer Contributions
The plan likely includes both employee salary deferrals and employer profit sharing contributions. One of the biggest mistakes we see is failing to account for these separately—especially when employer contributions are subject to vesting. Your QDRO should:
- Specify whether the award includes just employee contributions or both employee and vested employer contributions
- Exclude non-vested portions unless otherwise agreed upon
- Include earnings on these amounts through the date of distribution (unless specified otherwise)

