Employee Contributions vs. Employer Contributions
This plan probably includes both:
- Employee pre-tax or Roth deferrals: Always 100% vested and eligible for division
- Employer matching or profit-sharing contributions: May be subject to a vesting schedule
A QDRO should clearly state whether it applies to only vested balances, or if future vesting is included. At PeacockQDROs, we often recommend that the order explicitly limits the award to the vested portion at the time of divorce, unless otherwise agreed upon.

