Employee vs. Employer Contributions
This plan likely includes both employee salary deferrals and employer profit-sharing contributions. These two sources of funds must be treated separately in the QDRO if their vesting status differs. Many people mistakenly assume the entire balance is divisible—but unvested employer contributions are not.
To divide the account fairly, we recommend the QDRO specify exactly which portions of the account are to be divided. For example:
- Is the former spouse entitled to 50% of only the vested balance?
- Should the order include earnings and losses up to the valuation date?
These are decisions that need to be made with precision and documented clearly in court orders.

