1. Contributions: Employee vs. Employer
Most profit sharing plans distinguish between elective employee contributions (such as 401(k) deferrals) and employer contributions. Your QDRO must clearly spell out what types of contributions are being divided. Do you want to split only vested employer contributions? Or divide both employee and employer contributions?
Be aware that employer contributions may be subject to a vesting schedule. If you’re the alternate payee (non-employee spouse), you cannot receive benefits from amounts that are not yet vested at the time of division, unless the plan allows for prospective vesting (rare).

