1. Employee and Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. A well-drafted QDRO should clearly state whether the division applies to all plan funds or just certain types of contributions.
- Employee contributions are typically 100% vested and easy to divide.
- Employer contributions may be subject to a vesting schedule and could be partially or entirely non-marital property if unvested.
Only the vested portion of employer contributions can be divided in the QDRO unless both parties agree otherwise.

