1. Employer Contributions and Vesting
This plan likely includes both employee deferrals and employer profit-sharing contributions. Importantly, employer contributions are often subject to a vesting schedule. A QDRO can only divide the vested portion of the account. If a participant is not fully vested at the time of the divorce, any unvested amount will not be available to the alternate payee and may be forfeited if the participant separates from employment.
Check the plan’s vesting schedule—typically found in the SPD—to see how long the participant must work to earn full rights to the employer contributions.

