Employee and Employer Contributions
When dividing a plan like the Tarheel Paper & Supply Co.. Employees Savings Plus and Profit Sharing Plan, it’s important to distinguish between the contributions made by the employee (participant) and those made by the employer. Generally, a divorcing spouse may be awarded a portion of both, but employer contributions might be subject to a vesting schedule.
For example, if the employer matched 50% of employee contributions but the participant is only 60% vested, the non-employee spouse only has a right to 60% of those employer funds. Your QDRO must reflect this, or you risk future issues in obtaining payments.

