1. Employee vs. Employer Contributions
This type of plan may include:
- Employee salary deferrals (similar to a 401(k))
- Employer profit sharing contributions
The key point? Employer contributions may be subject to a vesting schedule. If only part of the employer contributions are vested at the time of divorce, the QDRO must reflect that. A spouse cannot receive benefits from amounts the participant hasn’t earned under the plan’s rules.

