Employee vs. Employer Contributions
Employees typically have 100% ownership of their own contributions. However, employer contributions — often in the form of matches — may be subject to a vesting schedule. If the employee hasn’t been with It concepts, Inc.. long enough to become fully vested, part of the employer’s contribution could be forfeited. A well-drafted QDRO must specify whether the division includes:
- Only vested balances
- Vested and unvested amounts
- A percentage of the account, up to a specific date (such as the date of separation or divorce filing)
Make sure your QDRO clearly addresses how to handle unvested contributions to prevent future disputes.

