Employee vs. Employer Contributions
In this plan type, the account balance may include:
- Employee contributions: These are always 100% vested and divisible under a QDRO.
- Employer contributions: These may be subject to a vesting schedule. If an employee isn’t fully vested at the time of divorce, only the vested portion can be awarded.
Make sure your QDRO separately identifies vested vs. non-vested amounts if needed. If the employee eventually vests, a QDRO can be written to capture those future earnings—but only if it’s drafted with that language upfront.

