Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Here’s what matters in your QDRO:
- Employee deferrals: These are 100% vested and typically subject to division based on marital period contributions.
- Employer contributions: May be subject to a vesting schedule. Only the vested portion as of the cutoff date in the QDRO should be divided.
Make sure your attorney or QDRO preparer reviews the summary plan description (SPD) or contacts the administrator directly to understand which portions are vested and which aren’t. Failure to do this can lead to disputes and delays.

