Employee and Employer Contributions
Employee deferrals are always 100% vested, so those can be divided without concern. However, employer contributions may be subject to a vesting schedule. If your divorce occurs before a participant is fully vested, the alternate payee may not be entitled to a portion of the unvested funds unless agreed by both parties or ordered by the court.
When drafting the QDRO, it’s critical to account only for the vested portion of employer contributions unless the plan allows otherwise.

