Employee and Employer Contributions
This plan likely combines both employee deferrals and employer profit-sharing contributions. These two components can be handled differently in the order:
- Employee deferrals: These are typically 100% vested and may be divided without restrictions.
- Employer contributions: These usually follow a vesting schedule. Only the vested portion can be allocated to the alternate payee.
If the participant is not fully vested in employer contributions, then the non-vested portion is not divisible under the QDRO. It’s important to obtain the most recent account statement and vesting schedule to ensure the order accurately reflects only what can be awarded.

