Employee vs. Employer Contributions
This plan likely includes both employee salary deferrals and employer profit-sharing contributions. When dividing the plan, it’s important to distinguish between the two. Employer contributions may be subject to a vesting schedule, meaning the participant must work a set number of years before those funds fully belong to them.
The QDRO can divide:
- Only employee contributions
- Only vested employer contributions
- All funds regardless of vesting (but nonvested amounts may be forfeited)

