Employee vs. Employer Contributions
Contributions to the plan are typically made by both the employee (through salary deferral) and the employer (through matching or discretionary contributions). In a divorce, the QDRO must clearly address which types of contributions are to be divided and how.
- Employee Contributions: These are fully vested and are always divisible in a QDRO.
- Employer Contributions: These may have a vesting schedule. Unvested amounts may not be payable to the alternate payee depending on the employee’s years of service and the specific plan rules.

