Employee and Employer Contribution Division
Employee contributions are typically owned in full by the participant and thus subject to direct division. Employer contributions, however, may be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, the non-vested portion could be forfeited if not handled properly in the QDRO.
We often recommend including language in the QDRO that automatically adjusts the alternate payee’s award based on what is vested at the time of distribution—this avoids confusion and allows for accurate treatment of employer contributions.

