Employee and Employer Contributions
The plan probably involves both employee deferrals and employer contributions. Here’s what to consider:
- Employee (Participant) Contributions: These are typically 100% vested and can be divided by the QDRO without issue.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided.
The QDRO should clearly outline the percentage, dollar amount, or formula that determines the alternate payee’s share—including whether the division includes just vested funds or all contributions subject to future vesting.

