Employee and Employer Contributions
The plan likely includes both employee deferrals (pre-tax or Roth) and employer-matching contributions. This distinction matters under a QDRO because:
- Only vested employer contributions can be divided.
- Unvested portions may be forfeited depending on the participant’s status at the time of divorce.
- You need to specify how to allocate gains or losses associated with each type of contribution over time.

