Employee vs. Employer Contributions
Participants may have both types of contributions in this plan. In divorce, the QDRO can divide both:
- Employee Contributions: These are usually 100% vested, meaning the participant has full rights to the amounts contributed.
- Employer Contributions: These may be subject to a vesting schedule, which means only a certain portion may be awarded based on the participant’s duration of employment.
It’s critical that your QDRO outlines whether only the vested portion of employer contributions is included in the division—or whether future vesting will be tracked and divided as it occurs.

