Employee Contributions vs. Employer Contributions
In this type of plan, employees contribute pre-tax or Roth dollars into their accounts. These amounts are considered fully vested immediately and 100% divisible under a QDRO. However, employer contributions—such as profit-sharing or matching funds—are subject to their own vesting schedule.
When dividing the plan, it’s important to:
- Identify which contributions are employee-funded (these are always 100% divisible).
- Check the vesting schedule to determine which employer contributions are actually vested as of the cutoff date.
- Avoid attempting to divide unvested employer funds—these revert back to the plan if the employee leaves before vesting is complete.

