1. Employee vs. Employer Contributions
All employee contributions are 100% vested immediately, which means they’re fully divisible in a QDRO. But employer contributions may be subject to a vesting schedule, and any amounts not vested at the time of divorce typically won’t be subject to division. The QDRO must clearly identify and limit the division to vested amounts.
Make sure your QDRO specifies:
- What date determines the vested balance (e.g., the date of separation, divorce judgment, or QDRO entry)
- Whether it includes only vested employer contributions or also projected future vesting (rare and usually not allowed)

