Vested vs. Unvested Employer Contributions
If the employee spouse has received employer matching or profit-sharing contributions, those may be subject to a vesting schedule. Only the vested portion can generally be divided in a QDRO.
If a portion of those employer contributions is not yet vested at the time of divorce, you’ll need to decide how to handle those amounts. Common options include:
- Exclude unvested amounts entirely
- Include language stating the alternate payee gets a proportionate share of any future vesting based on service before the divorce

