Employee and Employer Contributions
Employee contributions are almost always 100% vested, meaning they belong entirely to the participant and can be divided through a QDRO. However, employer contributions may be subject to a vesting schedule. If the participant is not fully vested, only the vested portion will be included in the QDRO division. The unvested portion remains with the participant or may be forfeited based on plan rules.
A good QDRO will clearly define whether it applies to just the vested balance or the full account balance as of a specific date. You can also include provisions that allow for a post-divorce reallocation if additional amounts vest later.

