1. Employee vs. Employer Contributions
The Pueblo Community Health Center, Inc.. Employer Contribution Plan includes both employee salary deferrals and employer contributions. These may not be treated the same in a divorce:
- Employee contributions are typically 100% vested immediately and are subject to division based on the marital share.
- Employer contributions may be subject to a vesting schedule. Only the vested portion can be divided via QDRO.
It’s critical to request a vesting report from the plan when preparing your QDRO. Otherwise, you may be attempting to divide funds that aren’t legally available to split.

