1. Employee Contributions vs. Employer Contributions
This plan includes both employee deferrals and employer matching or profit sharing contributions. Be clear in your QDRO whether you’re dividing only employee contributions or all vested contributions.
- Employee contributions are always the participant’s property and are typically 100% vested.
- Employer contributions may be subject to a vesting schedule.
Only vested amounts can be divided through a QDRO. If you’re seeking a portion of the employer contributions, confirm that they’re vested on the date of divorce or the valuation date in your order.

