1. Allocating Contributions: Employee vs. Employer
One issue that often arises is how to split employee and employer contributions. The participant’s own deferrals are typically straightforward, but employer contributions may be subject to a vesting schedule. If the participant hasn’t met the service requirements, only the vested portion is included in the marital estate.
Example: If the participant is only 60% vested in employer contributions, 40% of those funds may be forfeited and unavailable for division. QDROs must clarify this so the alternate payee knows what portion they’re entitled to.

