Employee vs. Employer Contributions
Employee contributions (what the participant voluntarily defers from their paycheck) are always 100% vested. Employer contributions, however, may be subject to a vesting schedule. Your QDRO should clearly specify whether the alternate payee is entitled to:
- Only vested portions of the employer match
- Future vesting (unlikely to be granted unless the parties agree)
This makes it especially important to request a breakdown of vested and unvested balances as of the date of division.

