Employee vs. Employer Contributions
This plan likely includes:
- Pre-tax employee contributions —Fully vested and subject to division under a QDRO
- Employer matching or profit-sharing contributions —May be subject to a vesting schedule depending on the employer’s policies
Only the vested portion of employer contributions can be divided. A good QDRO will clarify whether the alternate payee (non-employee spouse) is to share in just the vested account or also any future vesting.

