Employee vs. Employer Contributions
It’s important to distinguish between:
- Employee Contributions: Typically 100% vested from the start. These are often the easier portion to divide via QDRO.
- Employer Contributions: Subject to a vesting schedule. If a participant isn’t fully vested at divorce, a portion of the employer contributions may be forfeited or excluded from the division.
The QDRO should clearly state whether it includes or excludes unvested employer contributions. We help you craft language that accounts for future vesting, if applicable.

