Employee vs. Employer Contributions
Employee contributions are usually 100% vested, which means the full balance is available for division. However, employer contributions—especially matching or profit-sharing—may be subject to a vesting schedule. This means you must account for forfeited amounts when dividing the plan.
For example, if the employee spouse is only 60% vested in their employer match, the non-employee spouse can only receive a portion of the vested funds—not the full balance. The QDRO must specify how to handle these scenarios clearly.

