Employee and Employer Contribution Divisions
Employee contributions are always 100% vested. That means that money—and its growth—will be divided between spouses according to the QDRO without much dispute. However, employer contributions through profit sharing may be subject to vesting schedules. The alternate payee is only entitled to the vested portion of those contributions as of the couple’s date of separation or the valuation date mentioned in the QDRO.
Make sure the QDRO clearly states whether unvested employer contributions should be excluded or held until they become vested in the future. Some plans permit “separate interest” QDROs that follow the account over time; others demand a one-time division.

