Employee vs. Employer Contributions
Contributions made directly by the employee (your spouse) are always 100% vested and available for division. But employer contributions might be subject to a vesting schedule. In a QDRO, we must carefully define only the vested portion of employer matching contributions as divisible. If they aren’t fully vested at the time of divorce, the QDRO can exclude unvested amounts or specify how to treat them if they vest later.

