Employee and Employer Contributions
Employee contributions are always 100% vested—this is money the employee voluntarily put in. But employer “match” or profit-sharing contributions may be on a vesting schedule. That means if your spouse hasn’t worked there long enough, the plan might not consider some of that employer-added money “earned” yet. In a QDRO, you can only divide what’s actually vested as part of marital property.
Be sure your order distinguishes between:
- 100% vested amounts contributed by the employee
- Partially vested or unvested employer contributions, which may be excluded if not vested as of the divorce date or QDRO date

