Employee and Employer Contributions
One of the first things to consider in dividing the plan is what contributions are available for division. This includes:
- Employee (elective deferrals): These are contributions made directly from the employee’s paycheck and are always 100% vested.
- Employer contributions: These might be subject to vesting schedules. If your spouse isn’t fully vested, some of the employer-provided funds may be forfeited.
The QDRO should clearly state whether the alternate payee is receiving only vested funds or a portion of future vesting. This can significantly impact the value each side receives.

