Employee vs. Employer Contributions
This plan likely includes two types of money:
- Employee Contributions: These are salary deferrals made directly from the participant’s paycheck. They are always 100% vested.
- Employer Contributions: These are the “profit sharing” contributions made by the employer. These often vest over time. Only vested amounts can be divided in a QDRO.
It’s vital to have updated plan statements and benefit summaries to figure out what is vested and what isn’t. Including unvested employer funds in the QDRO without a vesting schedule can result in later confusion or rejection by the plan administrator.

