Employee and Employer Contributions
Employee contributions are straightforward. These are funds the participant voluntarily put into the plan. They are always 100% vested and usually easy to divide in a QDRO.
Employer contributions are more complicated. Plans like this often include profit-sharing or matching contributions made by the employer. These funds may be subject to a vesting schedule. For example, if the employee has only been with the employer for a few years, they may not own all the employer contributions yet. Any unvested amounts will be forfeited if the employee leaves—and are not available to divide in a QDRO.
In these cases, the QDRO must specify that only the vested portion is subject to division at the time of the divorce—and it must be determined whether that’s fixed now or updates over time.

