Employee vs. Employer Contributions
In most cases, contributions made by the employee (participant) are fully vested immediately and can be divided without much issue. However, employer contributions usually have a vesting schedule. If the divorce occurs before full vesting, the non-employee spouse might be awarded a percentage of an account balance that ultimately becomes lower due to forfeited employer contributions after separation. The QDRO must account for this by clearly identifying either the vested portion or a flat percentage applied to the final balance.

