Employee vs. Employer Contributions
A major consideration is how to divide both employee and employer contributions. Employee contributions are almost always fully vested and are the easiest to divide. Employer contributions, however, may be subject to a vesting schedule.
- If your spouse hasn’t met the vesting schedule, part of the employer contributions may be forfeited and not subject to division.
- Your QDRO should clearly define what portion of the vested balance is to be divided—and whether forfeited amounts should be evaluated at the date of division or in the future.

