Employee and Employer Contributions
This type of plan involves both employee (deferral) contributions and employer contributions. A properly drafted QDRO should specify whether the alternate payee (typically the non-employee spouse) will receive a percentage of:
- Just the employee contributions
- Employee plus vested employer contributions
- All employer contributions regardless of vesting (rare unless agreed upon)
Be aware: employer contributions are often subject to a vesting schedule. That means the participant may not “own” all of the employer contributions unless they’ve worked at the company a certain number of years.

