Employee and Employer Contributions
Employee contributions are always fully vested and transferable through a QDRO. However, employer contributions might be subject to a vesting schedule. For example, if your spouse hasn’t worked at W.m. jordan company, Inc.. profit sharing/401(k) plan for very long, part of their employer match might not be vested and therefore not divisible.
When drafting a QDRO, it’s essential to identify:
- Which contributions are vested and non-vested
- Whether forfeited amounts are later restored (rare, but some plans allow this)

