1. Employee vs. Employer Contributions
The participant’s own salary deferrals (employee contributions) are always 100% vested. However, employer contributions may be subject to a vesting schedule.
- Unvested employer contributions at the time of divorce are usually not available to be divided through a QDRO.
- QDROs must spell out how vesting is handled—for example, by awarding only vested balances or stating that the alternate payee shares any future vesting based on continued participation by the employee.
Some QDROs also separate pre-marital and post-marital contributions. If this is important in your case, historical contribution records will be necessary.

