Employee and Employer Contributions
When dividing assets in the University Loft Co.. Retirement Savings Plan, it’s important to differentiate between:
- Employee Contributions: These are fully owned by the participant and immediately eligible for division.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided in a QDRO.
In a divorce, the court typically assigns the former spouse (called the “alternate payee”) a percentage of the account. But if the participant’s employer contributions aren’t fully vested, the alternate payee is only entitled to the vested portion. Any unvested amounts could eventually be forfeited.

