Allocation of Employee and Employer Contributions
This plan likely includes both employee contributions (from the participant’s salary deferrals) and employer contributions (matching or profit-sharing). Typically, employee contributions are always fully vested. Employer contributions, however, may be subject to a vesting schedule.
When drafting a QDRO for this plan, we help clarify:
- What portion is subject to division—just employee deferrals, or also employer contributions?
- What portion is vested? The non-vested portion cannot be divided unless plan terms allow otherwise.
- Whether the percentage applies as of a particular valuation date, such as the date of separation or divorce.

