1. Employee and Employer Contributions
The account balance usually consists of two parts: what the employee contributed over time, and what the employer matched. In divorces, both may be divisible—but only if the employer contributions are vested. It’s vital to find out:
- What percentage of employer contributions have vested?
- What was the vesting schedule at the time of your legal separation?
Unvested funds may be forfeited, depending on your state’s rules and your QDRO language. We help clients confirm those values accurately before finalizing orders.

