Employee vs. Employer Contributions
Participants add their own salary-deferred contributions, and the employer can also make contributions—typically as matching or discretionary profit sharing. A QDRO can include some or all of those contributions, but it’s important to be specific:
- Was the employee fully vested in all employer contributions?
- Will the division include post-divorce contributions if not clarified?
If the participant isn’t fully vested, part of their balance may not belong to them yet and can’t legally be divided until it becomes vested. We always request the vesting schedule and current vesting status when handling QDROs for this plan.

