1. Employee vs. Employer Contributions
Employee contributions (salary deferrals) are 100% vested immediately. However, employer contributions—like profit-sharing amounts—may be subject to a vesting schedule. If the plan participant isn’t fully vested, the non-employee spouse could receive less than expected. This is why the QDRO must be drafted to address how to handle non-vested funds—whether the alternate payee receives only the vested balance or a share of the entire account and later adjustments are made.

