Dividing Contributions: Employee vs. Employer
The Apex Oil Company, Inc.. Employee Savings Plan includes both employee salary deferrals and employer contributions. The QDRO must identify whether the non-employee spouse’s award will come from:
- Just the employee’s contributions
- Both employee and employer contributions
- Only vested portions of employer contributions
It’s common for employer contributions to have a vesting schedule. If some of those funds are not yet vested at the time of divorce, the alternate payee is usually not entitled to receive them. Unvested amounts could be forfeited unless handled carefully.

