Employee vs. Employer Contributions
The employee’s own contributions are almost always 100% vested and subject to division. But employer contributions may be subject to a vesting schedule depending on years of service. If the employee hasn’t been at the company long, some employer contributions may be forfeitable.
A proper QDRO will specify whether:
- Only vested balances are being divided
- Unvested funds are excluded or split if they vest later
- Division is based on a specific dollar amount or percentage as of a set date

