Employee and Employer Contributions
One of the core issues in dividing this plan is separating employee contributions (which are always 100% vested) from employer contributions (which may be subject to a vesting schedule). During division, the QDRO must specify how both types of contributions are handled.
- Employee deferrals: Fully transferable to the alternate payee
- Employer contributions: Only the vested portion can be awarded
- Forfeited contributions due to vesting: Remain with the plan and are not subject to division
Understanding the vesting schedule is essential, especially if the participant spouse didn’t remain with the employer long enough to fully vest.

