1. Dividing Contributions: Employee vs. Employer
This plan may include both employee deferrals and employer matching or profit-sharing contributions. It’s important that the QDRO clearly states whether the former spouse is entitled to:
- Just the participant’s contributions
- Employer contributions as well
- Only vested balances at a certain date or future forfeitures when they vest
Unvested employer contributions can become a major point of confusion if not addressed directly. We review the vesting schedule and advise clients accordingly.

