1. Employee and Employer Contributions
This type of plan often includes both employee salary deferrals (like a 401(k)) and employer profit sharing contributions. A proper QDRO must identify which contributions are included in the division. Typically:
- Employee contributions are always divisible, as they’re fully vested
- Employer contributions might be subject to a vesting schedule
- Some employer money may not be considered marital property if the participant isn’t vested
We always request a full breakdown from the administrator before finalizing your QDRO to ensure no contributions are left out or mistakenly included.

