Employee and Employer Contributions
When separating plan assets, it’s important to understand how contributions are structured:
- Employee Contributions: These are amounts the participant contributed from their paycheck; generally 100% vested immediately.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion is eligible for division in a QDRO.
Make sure the QDRO specifies whether it applies to employee-only contributions, all vested plan assets, or some other formula. Non-vested employer contributions generally stay with the participant unless language in the QDRO rules otherwise (typically it does not).

