Employee and Employer Contributions
In this type of plan, both employees and the employer contribute to the participant’s retirement account. Typically:
- Employee contributions are always 100% vested and available for division
- Employer contributions may be subject to a vesting schedule
If the participant isn’t fully vested at the time of divorce or separation, the QDRO should reflect that. Otherwise, the alternate payee may be allocated a share of funds that simply don’t exist or later disappear due to forfeiture.

