Employee and Employer Contributions
This plan includes both employee contributions (the amount the participant chooses to defer from their salary) and possible employer contributions (such as matching or profit-sharing). In a QDRO, you must clarify:
- Whether the alternate payee is receiving a portion of the total plan, or only the employee’s contributions
- How to handle employer contributions — especially if they’re not fully vested
If the employer made contributions but the participant was not 100% vested at the time of separation, those unvested funds could be forfeited. That needs to be clearly addressed in your QDRO.

