1. Employee vs. Employer Contributions
Employee contributions are generally fully vested immediately. Employer contributions, however, may be subject to a vesting schedule. That means a portion of the account may be forfeited if the employee spouse (called the “participant”) hasn’t met specific service requirements at the time of the divorce.
In your QDRO, we will need to determine:
- What portion of the employer contributions are vested?
- Should the alternate payee receive a share of just the vested amount or the entire account, regardless of forfeitures?
These details need to be clearly laid out in the QDRO to avoid disputes later.

