Employee and Employer Contributions
This plan likely includes two types of contributions: employee deferrals and employer profit-sharing. These must be treated differently in a QDRO:
- Employee Contributions: Generally fully vested and can be divided in full as of a specific date—often called the “assignment date”
- Employer Contributions: May be subject to a vesting schedule; unvested amounts cannot be split and may be forfeited if not vested by the time of assignment
It’s important to review a recent participant statement or plan summary to confirm which contributions are fully vested before deciding on a splitting method in your QDRO.

