1. Employee and Employer Contributions
Employee contributions are always 100% vested, so they’re usually straightforward to divide. However, employer matching contributions may be subject to a vesting schedule. This means part of the account may not belong to the employee if they separate before meeting the time-based vesting requirements. The QDRO should be clear about whether the former spouse will share only vested funds or all funds accrued during the marriage—both vested and unvested. That distinction can significantly change what the alternate payee receives.

