1. Employee vs. Employer Contributions
Employee contributions are the amounts that the participant chose to withhold from their paycheck. These are always 100% vested. However, employer contributions—such as matching or profit-sharing—often have a vesting schedule. This means that only a portion may belong to the participant at any given time, depending on their years of service.
A skilled QDRO should account for these differences. If the alternate payee is awarded 50% of the marital portion, but some of that portion includes unvested employer contributions, it may impact the final amount they receive.

