1. Employee and Employer Contributions
Employee contributions (the account holder’s deferrals) are almost always fully vested. However, employer contributions (like matches or profit sharing) may be subject to a vesting schedule. If the participant is not fully vested, only the vested portion can legally be divided.
When drafting a QDRO, it’s critical to specify whether the award includes just the vested balance at the time of separation or allows the alternate payee (the receiving spouse) to share in future vesting. If this isn’t clear, the plan administrator may reject the order.

