1. Employee and Employer Contributions
This plan likely includes both employee deferrals and employer match contributions. Employee contributions are always 100% vested, but employer matches may be subject to forfeiture if not vested at the time of divorce. A QDRO should clearly spell out:
- Whether the entire balance or only the marital portion is divided
- Whether unvested employer contributions are excluded
- How forfeitures will be handled if applicable
Make sure to request a participant statement with vesting details before drafting the QDRO. Timing matters—an employee who leaves employment may become fully vested depending on plan rules, impacting the value of what’s dividable.

