1. Employee and Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. It’s common for divorcing spouses to divide the full vested balance as of a specific date, but what happens to employer contributions that are not yet vested?
- Only the vested portion of the employer contributions can be divided in a QDRO.
- Unvested contributions typically remain with the employee-spouse. Per ERISA, these may become forfeited unless the employee meets future service or employment requirements.
- The QDRO should clearly state a division of only the vested account value as of a chosen date (e.g., date of separation or divorce filing).

