Employee vs. Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. In some cases, employer contributions are not fully vested. The QDRO should distinguish between the following:
- Employee contributions (which are always 100% vested)
- Employer matching or discretionary contributions (which may be subject to vesting schedules)
A QDRO must make it clear what portion of the vested balance the alternate payee is receiving. Any non-vested employer contributions at the time of divorce will generally not be transferred, unless otherwise stipulated in the order and permissible by the plan.

