Employee vs. Employer Contributions
The first question we address is: What portion of the account belongs to the employee (participant), and what portion is from the employer? The employee contributions are always 100% owned by the participant. However, employer contributions—particularly matching contributions—may be subject to vesting.
If a participant is not fully vested at the time of divorce, the QDRO must specify how to handle unvested amounts. For example, if the participant divorces while only 50% vested in employer contributions, it’s crucial the QDRO doesn’t mistakenly award a share of funds they don’t yet have. We can provide tailored language to address these nuances.

