Employee and Employer Contributions
Employee contributions (deferrals) are always 100% vested, which means spouses dividing the account are generally entitled to a share right away. However, employer contributions may carry vesting requirements. This means:
- Only the vested portion of employer contributions can be shared.
- Unvested amounts are typically forfeited if the employee leaves the company before reaching full vesting.
- Your QDRO must be clear on whether it divides just the vested benefits or includes a formula for division based on future vesting.

