1. Employee vs. Employer Contributions
This plan includes potential employer contributions as part of its profit-sharing structure. It’s critical to understand:
- Employee contributions are typically 100% vested and divisible.
- Employer contributions may be subject to vesting schedules—often over five or six years.
- Only the vested portion of the employer contributions as of the date of divorce (or another agreed-upon date) can be awarded.
Always make sure your QDRO language distinguishes between vested and unvested portions. Failing to do so can lead to post-divorce complications or rejected orders.

