Employee vs. Employer Contributions
Employee contributions are always 100% vested, meaning they belong to the employee regardless of how long they’ve worked for the company. Employer contributions, however, are usually subject to a vesting schedule.
In a divorce, the court may award a portion of both the employee and vested employer contributions to the former spouse. However, unvested employer contributions may be forfeited after divorce if the employee doesn’t stay with the company long enough. This is critical information to clarify during QDRO drafting.

