Employee vs. Employer Contributions
The participant’s own contributions (sometimes called “elective deferrals”) are fully vested and always belong to the employee. However, employer contributions may be subject to a vesting schedule. The alternate payee only receives a share of the employer contributions that were vested as of the division date.
A proper QDRO needs to clarify whether:
- The alternate payee’s share includes only employee contributions, or both vested employee and employer contributions
- The division date is the date of divorce, date of QDRO approval, or another agreed-upon day

