Employee vs. Employer Contributions
Employee deferrals are fully owned by the participant. But employer contributions, such as matches or profit sharing, are often subject to a vesting schedule. This means that a portion of those funds may not be available for division unless the participant has worked for the company long enough.
When preparing a QDRO, it’s critical to determine:
- Which amounts the participant is actually vested in
- Whether the plan allows division of non-vested funds
- How forfeitures are handled if the participant terminates employment

