Employee Contributions vs. Employer Contributions
Employee contributions are always 100% vested and available for division. Employer contributions, however, may be subject to a vesting schedule dictated by the plan. If the participant is not fully vested at the time of divorce, the alternate payee is only entitled to the vested portion unless the QDRO specifies future vesting.
It’s critical that you know the participant’s vesting status at the time of divorce—and make sure your QDRO properly reflects which portions of the employer contributions are or will be divided.

