Employee vs. Employer Contributions
Typically, employee contributions are 100% vested. But employer matching or profit-sharing contributions may be subject to a vesting schedule. That means only the vested portion is divisible in a QDRO. The Contractors Retirement Plan may include employer contributions subject to forfeiture if the participant hasn’t met the service requirements. These need to be carefully reviewed at the time of divorce.
A QDRO can only divide vested amounts. If your divorce is happening before full vesting occurs, the alternate payee could lose access to a portion of the account. Or, the QDRO can be prepared in a way to divide only what is vested, acknowledging the risk that part may be forfeited.

