1. Employee and Employer Contributions Are Treated Differently
Employee contributions are 100% vested immediately. But employer contributions—match or profit-sharing—may be subject to a vesting schedule. If an employee hasn’t met the service requirements, a portion of the employer contributions might still be unvested at the time of the divorce.
The QDRO must clearly define whether it awards a percentage of the total account balance, only the vested amounts, or both. In some cases, dividing “as of the date of divorce” versus “as of the date of QDRO approval” makes a measurable difference.

