1. Employee vs. Employer Contributions
All employee contributions are always 100% vested, which means they can be divided in your QDRO without issue. However, employer contributions may be subject to a vesting schedule. If your spouse hasn’t met certain employment milestones, part of the employer match may be unvested—and thus not divisible in your QDRO.
Make sure your attorney or QDRO professional verifies:
- What percentage of the employer contributions is vested
- Whether those unvested portions are forfeited or become vested later (some plans allow interim vesting after divorce)

