1. Employee vs. Employer Contributions
One of the first issues is the division of contributions. The employee’s own contributions are generally 100% vested, but the employer matching amount may be subject to a vesting schedule. If your spouse isn’t fully vested at the time of divorce, only the vested portion can be included in the QDRO. Unvested amounts usually revert to the plan if the employee leaves the company before hitting certain service milestones.
This is why it’s important to get accurate vested balance statements as of the date of divorce or another agreed-upon date of division. At PeacockQDROs, we request these figures directly from the plan when needed.

