Employee and Employer Contributions
This plan likely includes both employee salary deferral contributions (similar to a 401(k)) and employer profit-sharing contributions. Here’s what to consider:
- All employee contributions are usually 100% vested. This portion is straightforward to divide by percentage or dollar amount in a QDRO.
- Employer contributions may have a vesting schedule. Typically, the longer the participant has been employed, the more of the employer-provided funds they are entitled to keep upon separation. A QDRO should only include the vested portion at the time of divorce.

