Employee Contributions vs. Employer Contributions
The plan includes both employee deferrals (money the employee puts in) and employer contributions (company matching or profit-sharing contributions). Employee contributions are always 100% vested. However, employer contributions often vest over time, depending on the employer’s vesting schedule.
If a participant is not fully vested at the time of the divorce or QDRO, only the vested portion of employer contributions may be divided. The non-vested amount may be forfeited. Make sure the QDRO specifies that only vested amounts are subject to division—or allow for a later determination at the time of distribution.

