Employee and Employer Contributions
This retirement plan likely includes both employee deferrals and employer matching or discretionary contributions. Here’s what to watch for:
- Employee contributions are always 100% vested and typically subject to division.
- Employer contributions may be subject to a vesting schedule—meaning your spouse may not be entitled to the amount unless it was vested at the time of separation or divorce.
It’s important to determine the exact vesting schedule in the Summary Plan Description (SPD). If a portion of the employer contributions is not vested, those amounts may be excluded—or forfeited entirely—which must be addressed in the QDRO language.

