Employee Contributions vs. Employer Contributions
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. In a divorce, both types may be divisible, but attention must be paid to:
- Which portions are currently vested
- The source of the funds (employee or employer)
It’s common to divide only the vested balance, which may exclude some recent employer contributions. Your QDRO should spell out exactly what is being awarded—either a flat dollar amount or a percentage of the vested balance as of a specific date.

