Employee and Employer Contributions
This plan likely includes both participant (employee) deferrals and employer matching or discretionary contributions. These components are not treated equally in divorce:
- Employee contributions: Always 100% vested and eligible for division.
- Employer contributions: May be subject to a vesting schedule. If your QDRO seeks a share of these funds, be sure to clarify how unvested amounts are handled if the employee leaves the company.

