Employee vs. Employer Contributions
Employee contributions (salary deferrals) are always 100% vested. That means they’re fully divisible in a QDRO. However, employer contributions—such as matching or profit-sharing—usually follow a vesting schedule. In this case, because it’s a General Business plan with unknown vesting details, we’ll need to request the Summary Plan Description (SPD) or contact the plan administrator directly to determine how much of the employer portion is truly divisible.
Unvested employer contributions cannot be awarded to the alternate payee (the non-employee spouse). Additionally, any future forfeiture of unvested amounts must be addressed in the QDRO language to avoid confusion if vesting changes post-divorce.

