Employee vs. Employer Contributions
Employee contributions are always 100% vested—those are the amounts the participant personally put into the plan. Employer contributions, on the other hand, may be subject to a vesting schedule. This means that only part of those funds may be available to divide depending on how long the participant worked for Evans concrete, LLC.
When drafting the QDRO, it’s important to:
- Specify whether the order applies only to vested funds or includes all account balances
- Clarify how forfeited, unvested employer contributions should be handled

