Employee vs. Employer Contributions
The employee contributions typically belong 100% to the participant, meaning they are non-forfeitable. However, employer contributions may be subject to a vesting schedule. This means only the vested portion of the employer match is available for division.
When drafting the QDRO, the order should clearly state whether it includes only vested balances or anticipates future vesting (which can lead to complications). If left unclear, the plan administrator may reject the order or interpret it in ways that harm one party.

