1. Employee vs. Employer Contributions
This plan likely includes both employee salary deferrals and employer contributions. Some employers impose vesting schedules, so be aware of what’s fully vested and what’s not:
- Employee contributions: Always 100% vested and can be divided via QDRO.
- Employer contributions: May be subject to a vesting schedule based on years of service.
If a percentage of the employer’s contributions are not yet vested at the time the QDRO is drafted, they may be excluded from the marital division—or can be addressed by inserting appropriate language in the order outlining what happens if those amounts become vested later.

