Employee and Employer Contributions
Employee deferrals are typically always 100% vested. However, employer contributions are often subject to a vesting schedule based on years of service. If the employee spouse hasn’t met the vesting requirements, some or all of the employer match may not belong to them—or may be forfeited if they leave the company.
In QDRO drafting, it’s important to include language that makes it clear whether the Alternate Payee is entitled to only the vested portion as of the date of divorce, or also post-divorce earnings and future vesting on marital contributions.

