1. Employee vs. Employer Contributions
The participant’s own salary deferrals are typically 100% vested. However, employer contributions may be subject to a vesting schedule. Some or all of these contributions could be forfeitable unless certain years of service or employment milestones are achieved.
It’s important to check the plan’s vesting schedule. The QDRO can only divide vested funds. If the divorce occurs before vesting is complete, the non-employee spouse (alternate payee) could receive less than expected.

