Employee vs. Employer Contributions
The plan could include both:
- Employee contributions: These are amounts the participant voluntarily contributed from their paycheck.
- Employer contributions: These may be subject to a vesting schedule, meaning the employee must meet a minimum period of service to fully own those funds.
If employer contributions are not yet vested at the time of divorce, those funds may not be awardable now — but you might want to include a “separate interest” provision in your QDRO in case they vest later.

