1. Employee vs. Employer Contributions
In this plan, contributions may come from both the employee and employer. The employee’s contributions are typically vested immediately, but the employer’s contributions may follow a vesting schedule. During divorce, only the vested portion of the employer contributions can be allocated to the alternate payee through a QDRO.
Note: Any unvested employer contributions are usually forfeited upon divorce if the participant terminates employment; however, the specific plan rules will control.

