Employee and Employer Contributions
Employee contributions are typically 100% vested, which means they belong entirely to the employee and are eligible for division. Employer contributions, however, may be subject to a vesting schedule. If a portion of the employer match is not vested at the time of divorce, that amount may not be available for division. The QDRO must clearly state whether it includes only the vested portion or anticipates future vesting.
Some employer-sponsored plans automatically forfeit non-vested funds when divorce proceedings begin. To avoid disputes, we recommend referencing the plan’s Summary Plan Description (SPD) and confirming how vesting is handled with the plan administrator.

