1. Employee vs. Employer Contributions
Employee contributions are fully divisible via QDRO, regardless of the vesting schedule. However, employer contributions are often subject to a vesting schedule. If the participant isn’t fully vested, the unvested portion may be forfeited—meaning the alternate payee may receive less than expected.
In a QDRO for the Mn Custom Homes Retirement Plan, we typically specify that the alternate payee receives 50% of the participant’s account balance as of the date of divorce—but only the vested portion at that time, unless the plan provides otherwise.

