1. Employee vs. Employer Contributions
The plan likely includes contributions made by the employee (the participant) as well as employer-matching contributions. These don’t always follow the same rules:
- Employee contributions are always fully vested and can be divided based on the marital portion.
- Employer contributions may be subject to a vesting schedule. The non-vested portion may be forfeited if the participant doesn’t meet service requirements.
Your QDRO should clearly define how vested and unvested amounts are handled, especially if you’re dividing the account by a percentage of the “marital portion.”

