1. Employee vs. Employer Contributions
Contributions from the employee (your spouse or you) are always 100% vested, meaning they’re available for division. Employer contributions, however, are usually subject to a vesting schedule. If you divide unvested portions, it could lead to a QDRO that’s unenforceable or results in the alternate payee receiving less than expected.
To avoid problems, we recommend including only vested balances at the time of division, unless your divorce decree directs otherwise.

