Employee Contributions vs. Employer Contributions
The participant (employee) usually owns 100% of their elective contributions. However, employer contributions often follow a vesting schedule. A QDRO has to distinguish between what’s vested and non-vested at the time of divorce or at the assignment date specified by the court.
- Only vested employer contributions are divisible under a QDRO as of the assignment date
- Any non-vested amount may be forfeited and will not be paid out to the alternate payee (typically the ex-spouse)
When we draft QDROs for the Hunt Electric Corporation and Ecsi 401(k) Profit Sharing Plan, we review plan documents closely to clarify what’s subject to division and what isn’t.

