Employee vs. Employer Contributions
Employee contributions are always 100% vested and available for division in a QDRO. However, employer contributions may be subject to a vesting schedule. If the participant is not fully vested, any unvested funds can potentially be forfeited upon termination or divorce unless specific plan language or continued employment dictates otherwise.
The QDRO should clearly state whether the division applies only to vested funds or if it also includes future vesting. Some plans allow “shared interest” QDROs where the alternate payee can share in employer contributions that vest after the divorce.

