Employee vs. Employer Contributions
The Custom Products Retirement Plan likely includes both employee salary deferrals and employer contributions. Not all of that money may be subject to division. Here’s why:
- Employee contributions are always 100% vested and divisible.
- Employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested, some amounts may be non-divisible (or subject to future forfeiture).
Your QDRO must be carefully worded to state whether you’re dividing only the vested portion—or both vested and potentially unvested amounts. If you’re not clear on vesting, ask the plan administrator for a vesting schedule statement.

