Employee vs. Employer Contributions
One of the first things to determine is whether your share of the account will include just the participant’s contributions or also the employer’s matching amounts. This plan may include employer matching or profit-sharing contributions. It’s crucial to ask:
- What portion of the employer contributions are vested?
- What portion is non-vested and might be forfeited?
- Do we divide only the participant’s account, or include vested employer contributions?
The QDRO must clarify these distinctions to avoid disputes or rejection by the plan administrator.

