1. Employee vs. Employer Contributions
Contributions from the employee (often called elective deferrals) are usually fully vested and available for division. Employer contributions—especially matching or profit-sharing contributions—often follow a vesting schedule. For example, the participant might need to stay employed for a set number of years before those contributions fully “vest.” A QDRO can only assign rights to the vested portion of the balance. Forfeited, non-vested employer contributions usually cannot be awarded to the former spouse.

