Employee & Employer Contributions
Dividing employee contributions is usually straightforward. These amounts belong to the plan participant, are based on salary withholdings, and are nearly always fully vested. However, employer contributions can be trickier. They may be subject to a vesting schedule, where amounts become non-forfeitable only after a certain number of years of service. Any unvested portion may be lost if the participant leaves the company early or is dividing the account in divorce before full vesting.
Ensure the QDRO accounts for:
- Whether the employer contributions are fully or partially vested
- What happens to forfeitable balances
- Clear segregation of employer and employee accounts if needed

