Employee vs. Employer Contributions
The participant’s own salary deferrals (employee contributions) are always fully vested and subject to division. However, employer contributions often follow a vesting schedule. If the participant has not met the service requirements at the time of divorce or QDRO, a portion of these employer-funded contributions may not be includable.
Your QDRO should clearly define whether it includes:
- Just the vested balance
- Only employee contributions
- Separate calculations for vested and unvested balances

