Employer Contributions and Vesting
If the plan participant hasn’t been with the sponsoring employer for very long, not all of the employer’s contributions may be “vested.” That means the account might include some non-marital property that won’t be divided. The QDRO should clearly list whether the alternate payee (usually the former spouse) is entitled only to vested balances, or if they will share in potential future vesting. Most courts limit the division to vested balances as of the date of divorce or order.

