Employee vs. Employer Contributions
These plans often include both types of contributions. The employee’s contributions are always 100% vested. However, employer contributions—like a matching or profit-sharing portion—may be subject to vesting schedules. This means the employee might lose some or all of those additional amounts if they leave the company before meeting the required years of service.
When preparing a QDRO, it’s critical to clarify whether unvested employer contributions are included. In many cases, it’s advisable to state that the alternate payee is only entitled to vested amounts as of the date of division.

