Types of Contributions
- Employee Contributions: These amounts are usually 100% vested—as in, the participant owns them outright. They’re easily divided in a QDRO.
- Employer Contributions (Profit Sharing or Match): These may be subject to a vesting schedule. If the participant hasn’t been with the company long enough, some of this money may not be eligible to share.
Your QDRO must specify whether the alternate payee (usually the ex-spouse) is entitled to vested portions only, or a percentage of the total value including non-vested contributions. Most plans will only allow division of what is already vested.

