Employee vs. Employer Contributions
The first step is distinguishing contributions:
- Employee contributions: Fully vested from day one. Everything the participant contributed from their paycheck is divisible.
- Employer contributions: May be subject to a vesting schedule. Only the vested portion as of a clearly defined cutoff date (like date of divorce or date of separation) is divisible.
Unvested amounts are typically forfeited if the employee leaves before becoming fully vested. Your QDRO must be written carefully to consider only vested amounts to avoid problems during implementation.

