1. Employee vs. Employer Contributions
The employee’s contributions are always 100% theirs, but any matching or profit-sharing contributions from the employer may be subject to a vesting schedule. In this plan’s case, it’s crucial to confirm the participant’s vested percentage before drafting the QDRO. Only vested employer contributions can be divided.
Unvested amounts are often forfeited if the employee leaves the company before satisfying the vesting conditions. If you’re an alternate payee counting on those employer amounts, it’s vital to confirm their status first.

