Employee vs. Employer Contributions
The participant’s salary deferrals (employee contributions) are typically 100% vested immediately and always divisible. Employer contributions, however, may be subject to a vesting schedule. The QDRO must clearly define whether the alternate payee will receive a percentage of:
- Only the vested portion at the time of divorce, or
- Future vested amounts as they become earned
For example, let’s say the participant has been with Strive health services LLC for two years, and the plan requires a five-year vesting schedule. Only a portion of the employer contributions would be vested and divisible now.

