Employee vs. Employer Contributions
This plan includes both employee deferrals and employer profit-sharing contributions. The QDRO should clearly distinguish how both are divided:
- Employee Contributions: Usually 100% vested. You’re likely entitled to half or the agreed-upon marital portion.
- Employer Contributions: May be subject to a vesting schedule. You cannot divide amounts that are not yet vested.
We always check whether any employer contributions were forfeited due to resignation or termination. Those amounts won’t be available to divide. Ask your attorney to confirm this with a recent benefits statement or have us review it directly.

