1. Employee and Employer Contributions
This plan likely involves both employee salary deferrals and employer matching. However, employer contributions may be subject to a vesting schedule. It’s critical to determine how much of the employer-funded portion is actually vested as of the marital separation date or the assignment date used in the QDRO.
Only vested employer contributions can be divided in a QDRO. If the employee-spouse is not fully vested, the non-vested portion is generally forfeited and cannot be awarded to their former spouse.

