Employee Contributions vs. Employer Contributions
Contributions made by the employee are generally 100% vested, but employer contributions often follow a vesting schedule. That means unvested employer contributions may be forfeited if the employee doesn’t meet certain service requirements by the time of division.
It’s essential your QDRO addresses:
- How to divide only vested balances, or whether to wait until future vesting occurs
- Whether to include only pretax contributions or Roth contributions too
- Whether gains and losses from the date of division to the date of distribution will apply

