Employee vs. Employer Contributions
Most QDROs will divide both employee and employer contributions. However, unlike employee contributions which are usually 100% vested from day one, employer contributions may be subject to a vesting schedule. This means some funds might not be fully the participant’s property yet.
It’s important to determine the exact vesting status of the employer match at the time the QDRO is drafted. If the participant isn’t fully vested, those unvested funds may be forfeited and cannot be divided.

