Employee and Employer Contributions
This plan most likely includes both employee salary deferrals and employer matching or profit-sharing contributions. When dividing the account, it’s critical to understand:
- How much of the balance is from employee contributions?
- How much is from employer contributions?
- What portion is vested and what part remains unvested?
Only vested employer contributions are subject to division. Anything unvested as of your cutoff date (usually the date of separation, filing, or judgment) may not be part of the distribution. If your QDRO includes a future vesting clause, it must be carefully worded to comply with plan rules.

