Employee and Employer Contributions
Dividing this plan can involve both participant contributions (employee deferrals) and employer profit-sharing contributions. Profit-sharing contributions may be subject to a vesting schedule, which dictates how much the participant retains based on tenure with the company. Only vested amounts can typically be assigned under a QDRO.
When preparing your QDRO, make sure to:
- Request a current statement showing total balance and vested portion
- Clarify if the order applies to the total account balance or only marital (community) property
- Distinguish between employee-earned contributions versus employer-funded amounts

