Employee vs. Employer Contributions
With profit sharing plans, it’s common for both the employee and employer to contribute. Your QDRO must clearly specify whether you’re dividing only the employee’s contributions, only the employer’s, or both. In most cases, courts divide the total vested balance accrued during the marriage.
Make sure your QDRO distinguishes between vested and unvested employer contributions. Only the vested portion can be divided. Any unvested amount may be forfeited if the employee leaves the company prematurely, and the QDRO should reflect that risk.

