Employee and Employer Contributions
This plan includes both employee deferrals and employer profit-sharing contributions. Typically, employee deferrals are fully vested from the beginning, but employer contributions may be subject to a vesting schedule. That means the non-employee spouse may not receive a share of unvested employer funds.
To protect your interests, a QDRO should clearly distinguish between:
- The portion of the balance from employee deferrals
- Vested employer contributions
- Unvested or forfeited amounts that may not be part of the division

