1. Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer matching or discretionary contributions. Here’s what to consider:
- Employee Contributions: These are fully vested immediately and should be included in the divisible portion of the account, at least for the period of the marriage.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided through a QDRO. If a portion is unvested at the time of divorce, it cannot be awarded to the alternate payee unless vesting occurs before distribution.

