1. Contributions and Vesting
This plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. That’s where vesting comes into play. While the employee contributions are immediately 100% owned, employer contributions may be subject to a vesting schedule. If your spouse isn’t 100% vested in the employer match, you cannot divide what doesn’t legally belong to them yet—and anything they forfeited due to vesting shouldn’t be requested in the QDRO.

