1. Employee vs. Employer Contributions
Employee contributions are usually 100% divisible, as they are always fully vested. But employer contributions often come with a vesting schedule. If a participant isn’t fully vested, some of those employer contributions may not be available for division or may be forfeited if the participant terminates employment before full vesting.
It’s critical to determine what portion of the participant’s balance is vested, and whether the QDRO should include only vested funds or provisions for future vesting. We recommend asking for a current account statement and documentation on the vesting schedule from Kokusai semiconductor equipment Corp.

