1. Employee and Employer Contributions
Employee contributions (what the participant saved from their paycheck) are always 100% vested. But employer contributions follow a vesting schedule. If you’re the non-employee spouse, it’s important to determine whether the employer amounts are vested or not as of the date of division specified in your divorce judgment. If they’re not yet vested, they may be lost unless the participant stays employed long enough.
Tip: Have your attorney or QDRO professional get a detailed account statement showing vested and unvested balances at the date of divorce or other applicable date.

