Employee vs. Employer Contributions
It’s crucial to distinguish between what the plan participant contributed (employee contributions) and what the employer added (employer contributions). QDROs can divide both types of funds, but employer contributions may be subject to vesting schedules.
- Employee Contributions: These are fully vested and usually eligible for division.
- Employer Contributions: These may be partially vested depending on the years of service. Unvested amounts typically cannot be assigned to an ex-spouse.

