Employee vs. Employer Contributions
If your spouse contributed to the plan personally (via deferrals) and received employer contributions (as profit sharing), those may be treated differently under the terms of the divorce. Many employers use vesting schedules for their contributions, typically anywhere from 3-6 years.
In your QDRO, be sure to:
- Specify whether you’re dividing only vested amounts or total contributions
- Clarify how post-marital contributions will be addressed
- Account for potential vesting forfeitures if the participant isn’t yet fully vested

