Employee vs. Employer Contributions
The participant’s elective deferrals (employee contributions) are always 100% vested. However, employer contributions often follow a vesting schedule. If the employee isn’t fully vested at the time of divorce, unvested funds could be forfeited if employment ends before full vesting occurs. The QDRO should specify whether the alternate payee is entitled to only the vested portion or a pro-rata share over time, depending on your state’s laws and the divorce judgment.

