1. Employee and Employer Contributions
The participant’s contributions are usually 100% owned and immediately divisible. However, employer contributions might only be partially vested depending on the plan’s rules. If the employee is not fully vested, a portion of the employer match could be forfeited if they separate from employment before satisfying the plan’s vesting schedule.
The QDRO must clearly state whether the alternate payee (typically the non-employee spouse) is entitled to only the vested balance or the entire account including unvested amounts. For that reason, it’s critical to review the plan’s Summary Plan Description or request the vesting schedule from the plan administrator.

