Employee vs. Employer Contributions
Employee contributions (pre-tax, after-tax, and Roth) are always 100% vested—they belong entirely to the employee from the moment they’re deposited. Employer contributions, however, are generally subject to a vesting schedule.
If a QDRO splits both employee and employer contributions, we must determine:
- What portion of employer contributions is vested as of the date of divorce or division
- What may become vested post-divorce (and whether the alternate payee should share in future vesting)
This is especially important for plans like the Freedom Christian Academy 401(k) Plan, where details on the vesting schedule are currently unknown and need to be obtained during QDRO preparation.

