1. Dividing Employee and Employer Contributions
This plan likely includes both:
- Employee deferrals: These are pre-tax or Roth contributions made by the employee.
- Employer matching or profit-sharing contributions: These may be subject to a vesting schedule.
When dividing the plan, it’s critical to state whether the Alternate Payee (usually the nonemployee spouse) receives a share of both the employee and employer portions. Unless the employer contributions are fully vested, unvested amounts may not be available to divide at the time of your divorce. Some QDROs allow for post-divorce vesting, others do not. Knowing the plan’s policy is essential.

