Employee and Employer Contribution Divisions
Plan participants contribute pre-tax or Roth dollars through salary deferrals, while employers may add matching or profit-sharing contributions. Employer contributions may be subject to a vesting schedule. That means not all account balances are considered the participant’s property at the time of divorce.
- Vested vs. Unvested: Only the vested portion of employer contributions can be divided under a QDRO. We often advise including provisions that allocate any additional amounts that vest later (post-divorce) unless both sides agree otherwise.
- Matching Contributions: These can be substantial. We make sure your QDRO makes clear whether the alternate payee is entitled to a share.

