Employee and Employer Contribution Splits
Employee contributions are 100% vested and usually divided based on the agreed marital split (often 50/50 or according to a property settlement). However, employer contributions may be subject to a vesting schedule. If the participant didn’t work long enough to be fully vested, a portion of employer contributions could be forfeited after divorce.
This is a common point of confusion. A spouse cannot receive funds that haven’t vested. At PeacockQDROs, we carefully review plan documents and participant statements to determine what’s actually available to be divided, and we include language to address unvested balances properly.

