1. Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer profit-sharing contributions. Only the employee’s contributions (and associated earnings) are fully owned by the participant from day one. However, employer contributions may be subject to vesting schedules based on years of service.
That means some employer-provided amounts may be off-limits to the ex-spouse if they aren’t vested at the time of divorce. When drafting the QDRO, you must clearly state whether you’re dividing the full balance or only the vested portion.

