1. Employee vs. Employer Contributions
It’s important to distinguish between the contributions the employee made and those made by the employer. While both are usually divisible, employer contributions may be subject to a vesting schedule. If these aren’t 100% vested, the non-employee spouse may not be entitled to a portion.
Confirm with the plan administrator what percentage of the employer contributions is vested as of the date of divorce—or as of the date specified for division in your marital settlement agreement. Unvested amounts typically cannot be distributed to the alternate payee, so it’s critical the QDRO only address vested balances.

