1. Employee and Employer Contributions
The participant’s own contributions to the plan can be divided based on what was earned during the marriage. Employer contributions, however, are often subject to a vesting schedule. If the employer contributions aren’t fully vested at the time of divorce, a portion of the account might not be divisible—or may be forfeited later if the employee leaves the company.
The QDRO should clearly state how to treat unvested amounts—whether to divide only the vested part or include a future-sharing clause.

