Employee vs. Employer Contributions
The employee’s own contributions are typically 100% vested immediately. However, employer contributions may require a vesting schedule. This means:
- Your spouse might not have earned full rights to the employer’ matching contributions yet.
- The QDRO should only divide vested amounts as of the date of divorce (or another agreed-upon date).
- Unvested portions aren’t considered marital property unless specifically negotiated in your divorce terms.

