1. Employee vs. Employer Contributions
The participant’s salary deferrals (employee contributions) are always 100% vested, meaning they’re fully owned regardless of how long the person worked there. But employer contributions—like matches or profit-sharing—often follow a vesting schedule. This matters because only vested amounts are available to split in the QDRO. If a portion is unvested as of the date of divorce, the alternate payee can’t touch it. We help determine what was vested as of your division date.

