Dividing Contributions: Employee vs. Employer
The First Choice Group Cny, Inc.. Retirement Savings Plan includes both employee and employer contributions. The employee contributions are normally 100% vested and available for division. However, employer contributions may be subject to a vesting schedule. That means only the portion that’s vested at the date of divorce can be awarded to the former spouse (also known as the alternate payee).
When drafting the QDRO, it’s important to determine and include language that accurately reflects what part of the account is being divided. If the employee (participant) has only partially vested employer contributions, the plan administrator will only release the vested portion.

