Employee vs. Employer Contributions
The QDRO should clearly separate the participant’s contributions from the employer’s contributions. Typically, employee contributions are 100% vested, but employer contributions may be subject to a vesting schedule. If some employer contributions are not vested at the time of divorce, those unvested amounts cannot be divided under the QDRO and may revert to the sponsor—Southern poverty law center, Inc.. 401(k) retirement plan—if the employee leaves before full vesting.

