Employee vs. Employer Contributions
This plan includes both employee deferrals and employer contributions through profit sharing. While the employee’s own contributions are immediately divisible, employer contributions may be subject to a vesting schedule. That means the non-employee spouse (called the “alternate payee” in QDRO terms) may only be entitled to the vested portion.
Your QDRO should clearly separate and address:
- 100% of the employee contributions (with gains or losses)
- Only the vested portion of employer contributions as of a certain valuation date
- Exclusion of any unvested or forfeitable balances from the division

