Employee and Employer Contributions
The participant’s own contributions are typically 100% vested and divisible under the QDRO. But employer matching contributions may follow a vesting schedule. That means the non-employee spouse might not be entitled to the full employer match unless it was fully vested as of the cutoff date (often the date of separation or divorce).
Be sure your QDRO carefully defines what’s being divided—just the vested portion, or more? We guide our clients in identifying the proper marital portion of employer contributions and how to address unvested amounts.

