Employee and Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. During divorce, it’s important to determine which portions of the balance are marital, and which are separate (for example, from before the marriage).
Employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, a portion of the employer contributions may not be awarded to the alternate payee.
We commonly use “if, as, and when” language in QDROs to allow the alternate payee to receive a share of any employer contributions that become vested in the future. This protects their rights over time and ensures fairness post-divorce.

