Employee and Employer Contributions
This plan likely includes contributions made by both the employee and Images of america, Inc. Employer contributions may be subject to a vesting schedule. Only the vested portion can be divided in a QDRO. If the marriage ends before those funds are fully vested, the non-employee spouse (referred to as the “alternate payee”) may be entitled to less than what appears in the account balance.
Make sure your QDRO clearly distinguishes between:
- Employee contributions (fully owned by the employee and fully divisible)
- Employer contributions (which may not yet be fully vested)
To avoid future disputes, the QDRO should state how to handle any unvested amounts—especially if the employee spouse terminates before full vesting.

