Employee and Employer Contributions
This plan likely includes both employee contributions (money the participant defers from their paycheck) and employer profit-sharing contributions. In divorce, both types of contributions can be divided, but there’s a key distinction:
- Employee Contributions: Always 100% vested, so they can be split immediately.
- Employer Contributions: Often subject to a vesting schedule. If the participant is not fully vested, only the vested portion can be divided in the QDRO.
It’s critical to confirm the participant’s vesting status through a current plan statement. Don’t assume the employer contributions are fully vested—especially if the participant has only been at Starmount management LLC for a few years.

