Employee vs. Employer Contributions
Employees often contribute a percentage of their salary to the plan. Employers may also make matching or discretionary contributions. In divorce, both types may be subject to division—but only if they’re vested.
If the employee-spouse wasn’t fully vested at the time of divorce, the QDRO must clarify whether unvested employer contributions are excluded or if there’s a provision for future vesting. This is especially important in business entity plans where employers link vesting to years of service.

