Employee and Employer Contributions
When dividing the plan, it’s important to understand how contributions break down:
- Employee contributions are always fully vested and available to divide.
- Employer contributions may be subject to a vesting schedule. If your divorce occurs while some of these funds are still unvested, they may not be available for division under a QDRO.
Make sure to confirm the participant’s vesting status as of the “date of division” in your divorce, whether that’s the date of separation, date of dissolution filing, or another court-specified date.

