Employee and Employer Contributions
This plan includes both employee deferrals and employer profit-sharing contributions. In a divorce, both types can be divided, but employer contributions are often subject to vesting. That’s where things get complicated. If an employee isn’t fully vested at the time of divorce or separation, some of those employer contributions may be forfeited upon job termination. Your QDRO should specify whether the alternate payee receives a proportional share of only vested benefits or whether future vesting is included.

