Employee and Employer Contributions
Employee contributions are 100% vested from the moment they’re made, so they can always be divided. But employer contributions may be subject to a vesting schedule. That means some of the employer’s matching or profit-sharing amounts might not belong to the employee yet—and therefore can’t be divided in a divorce. The QDRO should be clear about whether the division includes only vested amounts or also references forfeitable amounts if they later become vested.

