Employee Contributions vs. Employer Contributions
Employee deferrals are typically 100% vested right away, meaning your ex-spouse is entitled to whatever portion of your contributions (and investment gains) the court awards. However, employer contributions often follow a vesting schedule. For example, if your plan uses a graded 5-year vesting schedule, a spouse may only be entitled to 60% of the employer match if you were employed for three years. The QDRO must clearly define what’s included for division—only vested amounts will be distributable.

