1. Division of Employer vs. Employee Contributions
The employee portion of the account—your own salary deferrals—is yours. But employer contributions may be subject to a vesting schedule. A QDRO must specify whether only vested amounts (as of the date of divorce or QDRO entry) are being divided, or if a future event (like full vesting) should apply. If the employer contributions are not yet vested, they may be forfeited if the employment terminates before vesting is complete—which should be addressed during divorce negotiations.

