Employee and Employer Contributions
One of the first issues we examine is how the funds in the account are split:
- Employee Contributions: These are always 100% vested and available to divide.
- Employer Contributions: May be subject to a vesting schedule. Only the vested portion is divisible in a QDRO.
If the employee spouse is mid-career, a large portion of the employer contributions might not yet be vested. In those cases, the QDRO should clearly state that only the vested balance will be assigned. It’s also smart to request that the administrator track forfeited amounts in case they vest later.

