Employee and Employer Contributions
Be aware that not all contributions may be treated the same. The employee’s own contributions are always fully vested and available for division. However, if the employer made matching or discretionary contributions, those funds may be subject to a vesting schedule. If a portion of the employer match hasn’t vested yet, the alternate payee typically doesn’t receive that portion unless the participant eventually becomes vested. A well-written QDRO should specify how unvested amounts are handled.

