1. Employee vs. Employer Contributions
Participants often assume the account balance is entirely “theirs,” but many plans include employer matching or discretionary contributions. In a divorce, both sides should understand:
- Which contributions are being divided
- Whether all employer contributions are fully vested
- If unvested amounts should be included or excluded
If the plan participant has any unvested employer contributions, those may be forfeited if employment ends. A well-drafted QDRO will clarify whether the alternate payee has a right to potential future vesting before forfeiture rules apply.

