1. Employee and Employer Contributions
This plan likely includes both employee (participant salary deferrals) and employer matching or profit-sharing contributions. Unlike employee contributions, employer contributions may be subject to a vesting schedule. That means not all of those employer-funded assets may be available at the time of divorce.
- Your QDRO should clearly state whether it assigns only vested funds or if you’re using a fixed date to determine amounts.
- Any unvested employer contributions at the time of divorce usually revert to the participant unless the QDRO says otherwise.
If the employer has a multi-year vesting schedule—for example, 20% per year for five years—it’s vital to determine how much was vested at the valuation date. We regularly work with plan statements to pinpoint these details.

