Employee vs. Employer Contributions
There are two main types of contributions to this plan:
- Employee Contributions: Taken from the participant’s paycheck. These are 100% vested immediately and usually fair game for division.
- Employer Contributions: Often subject to a vesting schedule. Only the vested portion can be divided in a QDRO. Unvested amounts at the time of divorce typically remain with the employee.
If your spouse isn’t fully vested, the share you receive as an alternate payee may be lower than expected. That’s why it’s important to review the vesting schedule in the plan documents.

