Employee vs. Employer Contributions
Employee contributions made through salary deferral are 100% the participant’s property, but they can still be divided through a QDRO. Employer contributions, however, may be subject to a vesting schedule. The alternate payee is only entitled to the vested portion of these contributions at the time of divorce. The QDRO must reference the vesting schedule provided in the plan documentation or through the plan administrator to determine what’s actually available to divide.

