Employee vs. Employer Contributions
- Employee Contributions: These are fully owned by the plan participant and typically 100% vested immediately.
- Employer Contributions: These may be subject to a vesting schedule. If unvested amounts exist at the time of divorce, they may not be part of the marital estate depending on state law.
The QDRO can divide contributions proportionally or apply a specific formula. It’s important to clarify whether the alternate payee receives only vested funds or any future vesting that may occur.

