1. Employee vs. Employer Contributions
This plan likely includes both employee deferral contributions and employer matching. During divorce, these need to be handled separately:
- Employee Deferrals: 100% vested and can be split between parties as of a specific date (often separation or divorce date).
- Employer Match: Subject to a vesting schedule. Only vested portions can be awarded in a QDRO unless otherwise negotiated.
Make sure you get a breakdown of vested vs. non-vested employer totals as of the date used for division.

