1. Employee and Employer Contributions
In the Kirsh Foundry Savings for Retirement Plan, employee contributions (including elective deferrals) are always 100% vested and can be divided without restriction. However, employer contributions may be subject to a vesting schedule. If a participant is not fully vested at the time of divorce, the unvested portion will not be transferable to the alternate payee.
The QDRO must clearly distinguish which contributions are marital and which are separate—something we handle carefully at PeacockQDROs. If the participant becomes fully vested later, the order may need to address how (or whether) those funds should be shared post-divorce.

