1. Employee and Employer Contributions
In this type of plan, both the employee and the employer may contribute funds. Employer contributions may be subject to a vesting schedule, meaning the employee earns rights to that money over time. Your QDRO must distinguish between:
- Employee contributions (typically 100% vested)
- Employer contributions (may be partially or fully unvested)
If the participant isn’t fully vested at the time of divorce, part of the account could be forfeited. That’s why it’s important to specify cut-off dates and include reversion language in case of forfeiture.

