Employee and Employer Contributions
Participant contributions are always 100% vested. But employer matching or profit-sharing contributions may be subject to a vesting schedule. If the plan participant hasn’t worked long enough to be fully vested, only a portion of the employer contributions are divisible.
When preparing a QDRO for this plan, you’ll want to:
- Specify the inclusion or exclusion of unvested employer contributions at the time of separation or division date
- Determine whether to include gains and losses post-division date

