1. Employer Contributions and Vesting Schedules
This plan likely includes both employee contributions and employer matching contributions. However, not all funds in the account may be fully vested. The timing of the divorce in relation to the plan’s vesting schedule matters. Any unvested employer contributions may not be divisible in the QDRO, and if they later become vested, the QDRO should make clear whether those amounts are included in the alternate payee’s share.
Having a clearly worded QDRO that anticipates these vesting issues is key. We often include language that allocates a percentage of both vested and “potentially vested” employer contributions to prevent post-divorce disputes.

