Employee and Employer Contributions
Contributions to the plan typically fall into two categories:
- Employee deferrals: These amounts belong fully to the participant and are usually 100% vested.
- Employer contributions: These may be subject to a vesting schedule. Only the vested portion is available to divide through a QDRO.
If you’re the alternate payee (non-employee spouse), make sure the QDRO specifies that you are only entitled to the vested portion of employer contributions as of the division date. Otherwise, the plan may reject your order or reduce your share.

