1. Dividing Employee and Employer Contributions
The plan may include both employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). It’s critical to understand that:
- Only vested portions of employer contributions can be allocated via QDRO
- Unvested funds typically stay with the employee unless the vesting schedule is accelerated by plan rules or divorce agreements
- Your order must specify whether the division includes just the account balance or contributions plus earnings/losses

