Employee vs. Employer Contributions
One of the first questions we consider is which contributions are eligible for division. The participant usually has made both employee contributions (deducted from paycheck) and received employer contributions (sometimes subject to vesting).
The QDRO must account for:
- Whether the division includes only vested funds, or both vested and non-vested amounts.
- How forfeited non-vested employer contributions are treated if the participant leaves the company soon after divorce.
Ask for a recent plan statement and summary plan description to confirm vesting schedules and employer match policies.

