Employee and Employer Contributions
This plan likely includes both employee deferrals (your voluntary contributions from paycheck) and employer profit-sharing contributions. A well-drafted QDRO needs to clarify whether the alternate payee is receiving a share of both types.
- If the employee (participant) made contributions during the marriage, those are typically marital property and divisible.
- Employer contributions may be subject to a vesting schedule. The QDRO needs to specify if the alternate payee receives only vested amounts or a portion that includes unvested, potentially forfeitable funds.

