Employee and Employer Contributions
Employee contributions are always 100% vested and available to divide. However, employer contributions may be subject to a vesting schedule. If the plan participant (your spouse or ex-spouse) hasn’t worked long enough for full vesting, you may only be entitled to a portion—or none—of the employer contributions currently in the account.
This is where things get technical in QDRO drafting. A good QDRO will specify your share of only the vested portion, or will define how to calculate your portion if some of the employer funds vest later. We can help build in these protections.

