Employee vs. Employer Contributions
Employee contributions—whether traditional or Roth—are always 100% vested immediately. However, employer contributions often come with a vesting schedule. If your QDRO doesn’t state how to handle unvested employer funds clearly, the alternate payee (usually the spouse) could receive more or less than intended.
We typically recommend language to:
- Exclude unvested employer contributions as of the date of division
- Specify whether gains or losses should be included after that date
- Define how forfeitures due to vesting should be handled

