Employee Contributions vs. Employer Contributions
The plan may include both:
- Employee Deferrals: Money the employee voluntarily contributed. These are always 100% vested and can be divided by a QDRO.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion can be awarded in a divorce—unvested funds may be forfeited if the employee leaves before becoming fully vested.
For QDRO purposes, it’s important to distinguish between these two types of assets to determine what amount is eligible for division.

