Employee vs. Employer Contributions
In this type of plan, an account can grow through the participant’s own contributions and separate matching or profit-sharing contributions made by the employer. When allocating assets under a QDRO, it’s crucial to determine whether the division includes just the employee contributions or also includes employer contributions. Often, employer funds are subject to a vesting schedule—meaning some of the contributions may not yet “belong” to the participant and can be forfeited if they leave the company early. That’s why your QDRO must account for:
- The date of marriage and date of separation or division
- What percentage or dollar amount of the account will be awarded to the alternate payee
- How unvested employer contributions are handled

