1. Employee and Employer Contributions
Employee contributions are almost always fully vested. But that’s not necessarily true for employer contributions. If the participant isn’t fully vested at the date being used (commonly called the “valuation date”), some employer contributions may not be subject to division.
Your QDRO should state whether division is based only on vested funds or includes a proportional share of any potentially forfeitable employer match, subject to future vesting. This matters most in General Business employers like the Wellpro, Inc.. 401(k) plan, where vesting schedules can vary widely.

