Employee and Employer Contributions
The account may consist of both employee deferrals (money contributed from salary) and employer profit-sharing contributions. These may be subject to different rules:
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule—unvested amounts generally aren’t shared with the alternate payee.
If employer contributions are forfeited due to vesting rules before the QDRO is executed, they may not be divisible. That’s why timing matters—don’t delay the QDRO during the divorce process.

