Employee vs. Employer Contributions
In the division, it’s critical to distinguish between the employee contributions and the employer contributions. Employee deferrals are fully vested from the time they are contributed, meaning they are 100% available to divide. Employer matching contributions, however, may be subject to a vesting schedule—which means the employee must work for a certain number of years before owning the full amount.
Any unvested employer contributions as of the cutoff date in the QDRO (usually the date of separation or divorce filing) will not be available to divide. Alternate payees should review the plan’s Summary Plan Description for details on the vesting schedule.

