Employee vs. Employer Contributions
Dividing this plan isn’t just about what’s in the account—it’s about whose contributions were made and when. Here’s what to be aware of:
- Employee contributions: These are always 100% vested. In most divorces, these are included in the marital estate if contributed during the marriage.
- Employer contributions: Often subject to a vesting schedule. If the employee-spouse is not fully vested at the time of divorce, the non-employee spouse may not be entitled to the unvested portion—though that depends on how your state handles retirement assets in divorce.
- Profit sharing amounts: Many plans tie profit sharing decisions to annual performance. These amounts are often not deposited until the end of a plan year, making cut-off dates critical in the QDRO language.

