Employee and Employer Contributions
In The Emergency Care Consultants Retirement Plan and Trust, both the employee (participant) and the employer likely make contributions. Most QDROs award a percentage or flat dollar amount of the marital portion of the account to the alternate payee. However, divorcing couples must understand that employer contributions are often subject to a vesting schedule.
If part of the employer contribution is not vested at the time of divorce, it will not be available for division. A skilled QDRO attorney can draft language that accounts for forfeited contributions while ensuring the alternate payee receives their fair share of the marital portion.

