Employee vs. Employer Contributions
Employee contributions are usually fully vested from day one. However, employer profit-sharing or matching contributions may be subject to a vesting schedule. If the former employee hasn’t been with the company long enough, some or all of the employer funds might be forfeited—that means they won’t be available to divide.
When drafting the QDRO, it’s important to clarify whether the alternate payee will receive a share of just the vested balance or anticipate future vesting. Some orders state that the alternate payee gets 50% of the “vested balance as of the date of divorce,” while others account for vesting that may occur later.

