Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching contributions. Here’s what divorcing couples need to think about:
- Employee Contributions: These are always 100% vested and divisible by QDRO.
- Employer Contributions: These may be subject to a vesting schedule. If the participant is not fully vested at the time of divorce or QDRO approval, any unvested portion may revert to the plan and not be available to the alternate payee. The QDRO should clearly state that only the vested portion will be divided.

