1. Employee vs. Employer Contributions
Participant deferrals (employee contributions) are fully vested. Employer contributions, however, may follow a vesting schedule. In your QDRO, it’s crucial to ask:
- Should the alternate payee receive a share only of vested funds as of the divorce date?
- Or a share of both vested and non-vested funds, with future vesting rights?
Most QDROs only award the vested portion. However, if the divorce decree calls for more, you need to specify this in the order clearly—and confirm the plan allows it.

