1. Employee Contributions vs. Employer Contributions
The employee’s portion of the account is usually 100% vested—meaning fully owned—immediately. The employer’s contributions, however, may be subject to a vesting schedule. This means only a portion of those funds are owned by the employee at the time of divorce.
In a divorce, only the vested portion of employer contributions is typically divided. The QDRO may need to include provisions for tracking and clarifying the vesting schedule if division occurs before the employee is fully vested.

