1. Employee and Employer Contributions
Employee contributions are usually 100% the property of the participant, and are always included in QDRO division unless limited by the court order. Employer contributions, however, are subject to the plan’s vesting schedule. If not fully vested at the time of division, some of these funds may be forfeited. Your order must clarify whether the alternate payee is entitled to the vested balance only, or whether unvested future amounts are included (most plans do not permit the latter).

