Employee vs. Employer Contributions
The starting point for any QDRO is to figure out which dollars are divisible. Employee contributions are typically 100% vested from the start, so those are straightforward. However, employer contributions may be subject to a vesting schedule.
If the spouse who earned the retirement benefit (the “participant”) isn’t fully vested in their employer contributions, only their vested portion can be divided. Any unvested contributions could be forfeited depending on the plan’s rules. That’s why it’s critical to get a statement showing both vested and unvested balances as of the date of division.

