Employee and Employer Contributions
The participant’s own contributions are usually 100% vested. However, employer contributions may be subject to a vesting schedule. This means that only the vested portion can be awarded via QDRO. A common mistake is failing to distinguish between what’s been earned and what might be forfeited if the participant leaves the company early.
The QDRO should clarify whether the alternate payee is receiving a portion of:
- Total account as of a specific date
- Only the vested account balance
- Only contributions and investment earnings up to the divorce or QDRO date

