Employee and Employer Contributions
Employee contributions are generally 100% vested immediately, so those dollars can usually be divided in the QDRO without issue. Employer contributions—such as profits sharing or matching funds—are often subject to vesting schedules. That means the participant only “owns” them after working for the company a certain number of years.
In drafting a QDRO, we clarify what portion of employer contributions has vested and which might be forfeited. Unvested amounts can’t be assigned to the alternate payee, so dividing these plans without checking the vesting status can result in confusion or reduced payouts.

