1. Employee Contributions vs. Employer Contributions
This plan likely includes both employee deferrals and employer profit sharing contributions. In divorce, it’s important to understand:
- Employee contributions are always 100% vested and divisible.
- Employer contributions may be subject to a vesting schedule. Only the vested portion can be divided by QDRO.
If your QDRO attempts to divide unvested employer contributions, the plan administrator will likely reject it. Get clarity on the vesting percentages at the time of divorce before drafting the order.

