Employee and Employer Contributions
Employee contributions are always considered fully vested and belong to the participant. However, employer contributions may be subject to a vesting schedule. In this plan, since employer contributions are included, it’s crucial to determine:
- How much of the employer match is vested
- Whether the alternate payee gets a share of the vested portion only
If you don’t address this properly in your QDRO, you could end up dividing more (or less) than what’s actually available to split.

