Employee and Employer Contributions
This plan likely includes both employee deferrals and employer contributions (match or discretionary). While employee contributions are always the account holder’s property, employer contributions may be subject to a vesting schedule. The QDRO can only award the non-employee spouse their portion of vested funds.
If a portion of the employer match is unvested at the time of the divorce or QDRO execution, those funds may be forfeited. We make sure to identify vested and unvested balances before submitting the order to avoid issues down the road.

