1. Contributions: Employee vs. Employer
In plans like this, contributions typically include both:
- Employee Elective Deferrals: These are the participant’s own salary contributions, fully owned and usually fully vested.
- Employer Contributions: These are subject to vesting and may not be fully owned by the employee at the time of divorce.
In the QDRO, we’ll need to outline whether the alternate payee (the spouse) is receiving a share of just vested funds or both vested and unvested portions. If your spouse hasn’t hit full vesting, some amounts may be excluded or eventually forfeited—an issue that must be made clear in the order.

