Division of Contributions
This plan likely includes a mix of employee deferrals and employer profit sharing contributions. These may be divided differently in a divorce case:
- Employee Contributions: Typically 100% vested and easier to divide from the plan.
- Employer Contributions: May be subject to a vesting schedule. Only vested portions as of the division date can be awarded in the QDRO.
It’s important for the QDRO to state whether the division should apply only to vested funds, or if it includes a future reassessment when more funds vest according to the plan’s schedule.

