What Happens with Employee and Employer Contributions?
The participant’s own salary deferrals (employee contributions) are always 100% vested. But employer contributions often follow a vesting schedule—this means the participant only becomes “fully owned” in them after a certain number of years of service. If your QDRO awards a flat percentage of the total account, it’s important to clarify whether that includes only vested funds or will be adjusted later as additional contributions vest. Most QDROs only allow division of the vested balance as of a specific date.

