Employee and Employer Contributions
This plan may include both employee salary deferrals and employer matching or profit-sharing contributions. In a QDRO, it’s important to clarify whether the award includes:
- Only the employee’s contributions
- Both employee and employer contributions
- Only amounts that are vested
If the plan has a vesting schedule—which most corporate plans do—the non-employee spouse may only be entitled to the vested portion as of the marital division date. Don’t overlook the forfeiture of non-vested contributions when calculating the award.

