1. Employee vs. Employer Contributions and Vesting
Employee deferrals are always 100% vested, but the employer’s match often isn’t. Vesting schedules can stretch across years. If the plan participant isn’t fully vested, the ex-spouse may not receive the full account value. Your QDRO needs to spell out exactly how to handle any unvested or forfeitable amounts.
Some smart drafting tips include:
- Specify whether the alternate payee should share in matching contributions
- Clarify whether unvested balances are included (and what happens if they are forfeited)
- Request that rollover rights are clearly defined

