Employee and Employer Contributions
This plan is expected to contain both types of contributions:
- Employee Contributions: These are fully vested immediately in most plans and always belong to the participant. They can be divided freely via QDRO.
- Employer Contributions: These are usually subject to a vesting schedule. If the non-employee spouse is awarded a share of employer contributions that are not yet vested, those funds may be lost if the employee leaves before vesting is complete.
Your QDRO must clearly state whether the division includes only vested funds as of the date of divorce or if it should also account for future vesting. Not addressing this issue upfront can lead to costly mistakes. Learn more about common errorshere.

