Employee vs. Employer Contributions
A common issue in dividing plans like the T-l Irrigation Co.. Profit Sharing Plan is determining whose money is being divided. Employee contributions are typically 100% vested, but employer contributions may be subject to a vesting schedule. That means not all funds may be counted toward the marital estate if the participant isn’t fully vested.
A carefully written QDRO can address this by clearly defining which contributions—employee, employer, or both—are being divided, and whether the alternate payee (usually the ex-spouse) is entitled to unvested amounts.

