Employee vs. Employer Contributions
This plan likely involves both employee and employer contributions. It’s critical to clarify in the QDRO whether the alternate payee will receive:
- A portion of only the employee’s contributions (usually fully vested)
- A share of employer contributions (which may be subject to a vesting schedule)
Employer contributions that are not yet vested at the time of your divorce may be forfeited if the employee leaves before becoming fully vested. Your QDRO must specify how to handle that possibility.

