Employee vs. Employer Contributions
The participant’s contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule. This is critical because:
- Only the vested portion of employer contributions can be divided using a QDRO.
- If your order does not specify that only the vested amount is to be divided, disputes or delays may occur.
You’ll need to confirm how the plan handles employer contributions and what portion is vested at the time of the divorce or QDRO submission. If part of the employer contributions are forfeited due to vesting, that portion cannot be awarded to the alternate payee.

