1. Contributions: Employee vs. Employer
In many divorces, only vested amounts can be divided by a QDRO. The employee’s own contributions, along with their investment earnings, are always considered 100% vested. Employer contributions may be subject to a vesting schedule. You will need to review the plan’s vesting rules to determine what portion is divisible.
In your QDRO, it’s critical to specify whether the order covers:
- Only vested amounts at the time of divorce
- Future vesting post-divorce (this may or may not be permitted by the plan)

