Employee vs. Employer Contributions
This plan likely includes both participant contributions (funded through salary deferrals) and employer matching or profit-sharing contributions. It’s critical to determine:
- Whether employer contributions are vested—or if some amounts are still subject to a vesting schedule
- If any portion of the employer match has been forfeited due to the participant’s termination or divorce
Unvested employer contributions usually can’t be divided, although they may vest before the QDRO is implemented. A well-drafted QDRO can include fallback provisions to protect the alternate payee, such as equitable reallocation of any amounts believed available but later forfeited.

