Employee and Employer Contributions
Employee contributions are always considered 100% vested. The alternate payee is typically entitled to receive a portion of the marital share, meaning contributions made between the date of marriage and the date of separation or divorce.
Employer contributions, on the other hand, are often subject to vesting rules. If not fully vested at the time of divorce, unvested portions may be forfeited unless the participant remains employed for a specific duration. The QDRO may need to include language that accounts for both vested and potentially-forfeitable future amounts if that’s part of the divorce agreement.

