Employer Contributions and Vesting
This plan likely includes both employee and employer contributions. The employee (your ex-spouse) always owns 100% of their own contributions—but employer contributions may be subject to a vesting schedule.
Vesting schedules can have a serious impact. If your QDRO gives you “50% of the account,” but doesn’t exclude unvested funds, you could get less than expected. QDROs should specify whether your share includes or excludes unvested employer contributions. Most of the time, we recommend excluding unvested amounts, unless a specific agreement says otherwise.

